Ex Parte Tsen et al - Page 3



         Appeal No. 2005-1496                                                       
         Application 09/994,439                                                     

                                  THE REJECTION                                     

              Claims 1 through 6, 8 through 27 and 29 through 32 stand              
         rejected under 35 U.S.C. § 103(a) as being unpatentable over               
         Taber in view of Giese and Campagna.                                       

              Attention is directed to the main and reply briefs (filed             
         February 19, 2004 and May 21, 2004) and answer (mailed March 19,           
         2004) for the respective positions of the appellants and examiner          
         regarding the merits of this rejection.                                    

                                    DISCUSSION                                      

         I. Grouping of claims                                                      

              As the appellant, stating that “[c]laims 1-6, 8-27, and 29-           
         32 stand or fall together” (main brief, page 2), has not argued            
         separately the patentability of any particular claim apart from            
         the others, all of the appealed claims shall stand or fall with            
         representative claim 1 (see In re Young, 927 F.2d 588, 590, 18             
         USPQ2d 1089, 1091 (Fed. Cir. 1991); In re Wood, 582 F.2d 638,              
         642, 199 USPQ 137, 140 (CCPA 1978)).                                       


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