Appeal No. 2005-2437
Application No. 09/682,642
The appellant states that the claims stand or fall in the following groups: 1) claims
1, 16 and 17; 2) claims 10 and 11; 3) claims 12 and 13; 4) claims 14 and 18; and 5)
claims 15 and 19 (brief, page 3).3 Accordingly, we limit our discussion to one claim in
each of these groups, i.e., claims 16, 10, 12, 18 and 19. The appellant states that the
claims that are not grouped stand or fall separately. See id. The appellant, however,
does not argue claims 24 and 25 separately from claim 23, and does not argue claims
26-29 (brief, pages 6-7). Claims 24-29 therefore stand or fall with claim 23. See In
re Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed.
Cir. 1995); 37 CFR § 1.192(c)(7)(1997).
Claim 16
Nagashima discloses “a starter in which a pinion gear is
selectively meshed with the ring gear of an engine by displacing
a pinion shaft for transmitting torque from the motor by using a
shift lever which rotates in response to the displacement of an
armature of a magnetic switch” (col. 1, lines 5-10).
3 Citations to the brief are to the substitute brief filed August 9, 2004.
4
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