Appeal No. 2005-1629
Application No. 10/001,256
claim but would be allowable if rewritten in independent form
including all limitations of the base claim and any intervening
claims (Answer, page 2, ¶(3)). We have jurisdiction pursuant to
35 U.S.C. § 134.
According to appellants, the invention is directed to an
aqueous ink composition comprising at least water, a first
polymer, a second polymer or copolymer containing sulfonyl
groups, a pigment dispersed by the first polymer, and an ultra-
penetrating agent which is a combination of an acetylene glycol
compound represented by formula (1) and triethylene glycol
monobutyl ether (Brief, page 7). A copy of representative
independent claim 1 is attached as an Appendix to this decision.
Appellants state that claims 4 and 5 do not stand or fall
with claims 1, 3 and 8-10 (Brief, page 10). Since claims 4 and 5
are not part of this appeal, as noted above, we consider this
statement by appellants to mean that the claims on appeal (claims
1, 3 and 8-10) stand or fall together since no reasons have been
set forth for the separate patentability of any individual claim.
See 37 CFR § 1.192(c)(7)(2003), now 37 CFR
§ 41.37(c)(1)(vii)(2004). Accordingly, we select claim 1 from
this group of claims and decide the grounds of rejection in this
appeal on the basis of this claim alone. See also In re
2
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