Appeal No. 2005-0258 Page 7
Application No. 09/768,877
Written Description:
Claims 18-21, 49-51, 53-64, 115 and 116 stand rejected under the written
description provision of 35 U.S.C. § 112, first paragraph. At page 7 of the Brief,
appellants state “[c]laims 18-21, 49-51 and 53-64 do not stand or fall with the
other claims….” In addition, appellants state (id.), “claims 19 and 53, stand or fall
separately from claims 18, 20, 21, 49, 51, 54-55, and 57-60….” As we
understand appellants’ statements the claims stand or fall together in the
following two groups:
I. Claims 18, 20, 21, 49, 50, 51, 52, 54, 55, 57-64, 115 and 116; and
II. Claims 19 and 53.
However, we find no separate arguments as to the claims or designated
groups as required by 37 CFR § 1.192(c)(7) (2002) (Claims stand or fall together
“unless a statement is included that the claims of the group do not stand or fall
together and, in the argument under paragraph (c)(8) of this section, appellant
explains why the claims of the group are believed to be separately patentable.
Merely pointing out differences in what the claims cover is not an argument as to
why the claims are separately patentable.” (Emphasis added)). Therefore, the
claims on appeal are considered to stand or fall together.
Since all claims stand or fall together, we limit our discussion to
representative independent claim 51. Claims 18-21, 49, 50, 53-64, 115 and 116
will stand or fall together with claim 51. In re Young, 927 F.2d 588, 590, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007