Appeal No. 2005-1975 Page 4
Application No. 09/819,292
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of lack of enablement and
obviousness relied upon by the examiner as support for the
rejections. We have, likewise, reviewed and taken into
consideration, in reaching our decision, appellant’s arguments
set forth in the brief along with the examiner's rationale in
support of the rejections and arguments in rebuttal set forth in
the examiner's answer. Upon consideration of the record before
us, we make the determinations which follow.
We observe at the outset appellant’s assertion (brief, page
4) that claims 9, 10, 12-14, 16, 26 and 27 are grouped together,
that claims 1, 4-7, 18, 19, 25, 30-32 and 35 are grouped
together, and that claims in each group stand or fall together.
Notwithstanding this assertion, we observe that appellant
presents separate arguments for independent claims 1, 18 and 31,
all of which are in the group of claims 1, 4-7, 18, 19, 25, 30-32
and 35. Thus, although we could choose a single claim from the
group in light of appellant’s assertion, we shall separately
address each of independent claims 1, 18 and 31.
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