Ex Parte Meagley et al - Page 3




             Appeal No. 2006-0367                                                                                   
             Application No. 10/353,506                                                                             

                                                    REJECTIONS                                                      
                    7. Claims 17-20 and 26 stand rejected under 35 U.S.C. § 103(a) as obvious over                  
             U.S. Patent No. 6,610,593 ("Kohl") and U.S. Patent No. 6,652,922 ("Forester").                         


                    8. Claims 17 and 27 stand rejected under § 103(a) as obvious over Kohl and                      
             U.S. Patent No. 6,159,842 ("Chang").                                                                   


                                              REPRESENTATIVE CLAIM                                                  
                    9.  "When multiple claims subject to the same ground of rejection are argued as a               
             group by appellant[s], the Board may select a single claim from the group of claims that               
             are argued together to decide the appeal with respect to the group of claims as to the                 
             ground of rejection on the basis of the selected claim alone.  Notwithstanding any other               
             provision of this paragraph, the failure of appellant[s] to separately argue claims which              
             appellant[s] has grouped together shall constitute a waiver of any argument that the                   
             Board must consider the patentability of any grouped claim separately."  37 C.F.R.                     
             § 41.37(c)(1)(vii) (Sep. 30, 2004).                                                                    


                    10. Here, the appellants argue the rejected claims as a group.  (Appeal Br. at 9-               
             10; Reply Br. at 1-3.)  We select claim 17 from the group as representative of the claims              
             therein.                                                                                               


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