Ex Parte MORRIS et al - Page 4




              Appeal No. 2005-0439                                                                  Page 4                 
              Application No. 09/106,994                                                                                   


                     28. The method of claim 18, wherein said at least two storage locations                               
                     comprise at least three storage locations for each pixel sensor.                                      
                     Claims 1, 4, 6, 9, 18, 19, 21, and 22-28 stand rejected under 35 U.S.C. § 103(a)                      
              as obvious over U.S. Patent No. 5,754,229 ("Elabd") and U.S. Patent No. 4,845,540                            
              ("Baker").  Claims 3, 5, 8, 10, and 20 stand rejected under 35 U.S.C. § 103(a) as                            
              obvious over Elabd; Baker; and U.S. Patent No. 5,872,596 ("Yanai").                                          
                                                       II. OPINION                                                         
                     Our opinion addresses the claims in the following order:                                              
                     •      claims 1, 3-6, 8-10, and 18-24                                                                 
                     •      claims 25-28.                                                                                  
                                           A. CLAIMS 1, 3-6, 8-10, AND 18-24                                               
                     "[T]o assure separate review by the Board of individual claims within each group                      
              of claims subject to a common ground of rejection, an appellant's brief to the Board                         
              must contain a clear statement for each rejection: (a) asserting that the patentability of                   
              claims within the group of claims subject to this rejection do not stand or fall together,                   
              and (b) identifying which individual claim or claims within the group are separately                         
              patentable and the reasons why the examiner's rejection should not be sustained."                            
              In re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002) (citing                           
              37 C.F.R. §1.192(c)(7) (2001)).  "If the brief fails to meet either requirement, the Board                   


              Because there is no rejection for indefiniteness before us, however, we leave this matter                    
              to the examiner and the appellants.                                                                          







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