Ex Parte Leupolz et al - Page 4



         Appeal No. 2006-0037                                                                       
         Application No. 09/874,371                                                                 


              Claim 8 stands rejected under 35 U.S.C. § 103(a) as being                             
         unpatentable over Russell in view of Coleman.                                              
              Claims 7, 16, 19, 21 and 22 stand rejected under 35 U.S.C.                            
         § 103(a) as being unpatentable over Russell in view of Yoneda.                             
              Claims 10-12 stand rejected under 35 U.S.C. § 103(a) as being                         
         unpatentable over Russell in view of Rensch.                                               
              Attention is directed to the brief (filed April 8, 2005) and                          
         answer (mailed June 14, 2005) for the respective positions of the                          
         appellants and examiner regarding the merits of these rejections.1                         
                                    DISCUSSION                                                      
         I. Grouping of claims                                                                      
              In the brief (see pages 3-5), the appellants have grouped                             
         together claims 1, 18 and 20, claims 2-4, claims 5-6, claims 7-9                           
         and claims 10-12, respectively, and have not separately argued the                         
         patentability of any individual claim apart from the others in the                         
         same group.  Thus, for purposes of the appeal, claims 18 and 20                            
         stand or fall with claim 1, claims 3 and 4 stand or fall with                              
                                                                                                   
              1  Although the examiner’s statement of the rejection based on Russell and Yoneda does not
         mention claims 19 and 22, the accompanying explanation clearly indicates that the omission was
         inadvertent.                                                                               


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