Appeal No. 2005-0342
Application No. 09/758,787
Opinion
We have carefully considered the subject matter on appeal, the rejections
advanced by the examiner and the evidence of obviousness relied upon by the
examiner as support for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellant’s arguments set forth in
the brief along with the examiner’s rationale in support of the rejection and
arguments in rebuttal set forth in the examiner’s answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellant and the examiner, and for
the reasons stated infra we sustain the examiner’s rejections of claims 1, 4, 5, 7
through 24 and 27 under 35 U.S.C. § 103.
Grouping of the claims.
At the outset, we note that appellant states, on page 4 of the brief, that:
Applicant respectfully requests grouping of the claims as follows:
Group I- Claims 1, 4, 5, and 7-24
Group II- Claims 25-27
37 C.F.R. § 1.192(c) (7) (July 1, 2003) as amended at 62 Fed. Reg. 53196
(October 10, 1997), which was controlling at the time of appellant filing the brief,
states:
For each ground of rejection which appellant contests and which
applies to a group of two or more claims, the Board shall select a
single claim from the group and shall decide the appeal as to the
ground of rejection on the basis of that claim alone unless a
statement is included that the claims of the group do not stand or
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