The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte OLIVER P. PEOPLES, LARA L. MADISON, and GJALT W. HUISMAN __________ Appeal No. 2005-1383 Application No. 09/364,847 __________ ON BRIEF __________ ELLIS, GRIMES and GREEN, Administrative Patent Judge. ELLIS, Administrative Patent Judge. DECISION ON APPEAL This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection of claims 1-6, all the claims remaining in the application. As a preliminary matter, we note the appellants’ statement on page 4 of the Brief that the claims do not stand or fall together. 37 C.F.R. § 1.192(c)(7)(2003). The appellants contend that there are four groups of claims; Group I consisting of claim 1, Group II consisting of claim 2, Group III consisting of claims 3 and 4, and Group IV consisting of claims 5 and 6. Id. The appellants contend that they have provided “arguments for the separate patentability of groups 2 and 4.” Id.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007