Appeal No. 2005-0956 Page 5
Application No. 09/342,866
OPINION
With full consideration being given to the subject matter on appeal, the
Examiner’s rejections and the arguments of the Appellant and the Examiner, for
the reasons stated infra, we reverse the Examiner’s rejection of claims 1-15 and
17-44 under 35 U.S.C. § 103.
Only those arguments actually made by Appellant have been considered
in this decision. Arguments that Appellant could have made but chose not to
make in the brief have not been considered. We deem such arguments to be
waived by Appellant [see 37 CFR § 41.37(c)(1)(vii) effective September 13, 2004
replacing 37 CFR § 1.192(a)].
Appellant has indicated that for purposes of this appeal, the claims stand
or fall together in six groupings:
Claims 1-2, 12-15, 18-19, 26, 28, 30, 35-36, and 41, as Group I;
Claims 11, 25 and 39, as Group II;
Claims 3-4, 6-10, and 20-23, as Group III;
Claims 29, 31, and 37, as Group IV;
Claims 24, 27, 32, 34, 38, and 42-44 as Group V; and
Claim 33 as Group VI.
See page 5 of the brief. Appellant has fully met the requirements of
37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed. Reg. 53169
(October 10, 1997), which was controlling at the time of Appellant’s filing of the
brief. 37 CFR § 1.192 (c)(7) states:
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