Appeal No. 2005-0540 Page 9
Application No. 09/942,199
For the reasons set forth above, the decision of the examiner to reject claims 1, 6
and 12 is affirmed.
Claims 2 to 5, 7 to 11 and 13 to 17 which depend from claims 1, 6 and 12 have
not been separately argued by the appellant. Accordingly, we have determined that
these claims must be treated as falling with their respective independent claim. See In
re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987) and 37 CFR
§§ 1.192(c)(7) and 1.192(c)(8)(iv). Thus, it follows that the examiner's rejection of
claims 2 to 5, 7 to 11 and 13 to 17 under 35 U.S.C. § 103 is also sustained.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 17 under
35 U.S.C. § 103 is affirmed.
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