Appeal No. 2005-0956 Page 6
Application No. 09/342,866
Grouping of claims. 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 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.
We will, thereby, consider Appellant’s claims as standing or falling together in the
six groups noted above, and we will treat:
Claim 1 as a representative claim of Group I;
Claim 11 as a representative claim of Group II;
Claim 3 as a representative claim of Group III;
Claim 29 as a representative claim of Group IV;
Claim 24 as a representative claim of Group V; and
Claim 33 as a representative claim of Group VI.
Additionally, based on the separate rejections thereof, we will treat:
Claim 17 as a separate Group VII;
Claim 5 as a separate Group VII; and
Claim 40 as a separate Group XI.
If the brief fails to meet either requirement, the Board is free to select a
single claim from each group and to decide the appeal of that rejection
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