Appeal No. 2006-1413 Page 4
Application No. 09/952,073
II. OPINION
"When multiple claims subject to the same ground of rejection are argued as a
group by appellant, 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 to separately argue claims which
appellant 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).
Here, the appellants argue claims 1, 5-7, 11, and 12, which are subject to the
same ground of rejection, as a group. (Appeal Br. at 4-6.) We select claim 1 as the
sole claim on which to decide the appeal of the group. "With this representation in
mind, rather than reiterate the positions of the examiner or the appellants in toto, we
focus on the two points of contention therebetween," Ex parte Dang, No. 2003-0506,
2004 WL 1665541, at *2 (Bd.Pat.App & Int. 2006):
• placing order for electronic device
• basing provisioning on answers.
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