Appeal No. 2005-1805
Application 09/728,705
Rejections At Issue
Claims 1-23 stand rejected under 35 U.S.C. § 103 as being obvious over the combination
of Crooks and Northington.
Throughout our opinion, we make references to the Appellant’s briefs, and to the
Examiner’s Answer for the respective details thereof.1
OPINION
With full consideration being given to the subject matter on appeal, the Examiner’s
rejections and the arguments of the Appellant and the Examiner, for the reasons stated infra, we
reverse the Examiner’s rejection of claims 1-23 under 35 U.S.C. § 103.
Only those arguments actually made by Appellant have been considered in this decision.
Arguments that Appellant could have made but chose not to make in the brief have not been
considered. We deem such arguments to be waived by Appellant [see 37 CFR § 41.37(c)(1)(vii)
effective September 13, 2004 replacing 37 CFR § 1.192(a)].
Appellant has indicated that for purposes of this appeal the claims stand or fall together.
See page 2 of the brief. We will, thereby, consider Appellant’s claims, as standing or falling
together and we will treat claim 1 as a representative claim of all the claims.
1 Appellant filed an appeal brief on May 13, 2004. The Examiner mailed an Examiner’s Answer
on August 26, 2004.
3
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