Ex Parte Ingvarsson et al - Page 13



             Appeal No. 2006-2982                                                          Page 13                
             Application No. 10/458,112                                                                           

             examiner that the claimed “magnetic film” also broadly reads on shielding                            

             material layer 58 that can include (in one embodiment) a magnetic epoxy                              

             with superparamagnetic particles suspended therein [Rizzo, § 0050].                                  

                    Accordingly, we will sustain the examiner’s rejection of representative                       

             claim 29 as being anticipated by Rizzo for essentially the same reasons                              

             argued by the examiner in the answer. We note that appellants have not                               

             presented any substantive arguments directed separately to the patentability                         

             of dependent claim 30.  See In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d                             

             1525, 1528 (Fed. Cir. 1987). See also 37 C.F.R. § 41.37(c)(1)(vii)(2004).                            

             With respect to dependent claim 30, we further note that Rizzo discloses in                          

             one embodiment a non-magnetic polymer that inherently “coats”                                        

             superparamagnetic particles that are suspended or embedded in the polymer                            

             [¶ 0038].  Therefore, we will also sustain the examiner’s rejection of claim                         

             30 as being anticipated by Rizzo.                                                                    

                                           Claims 18-20 (Richter)                                                 

             II.  We consider next the examiner’s rejection of claims 18-20 as being                              

             anticipated by Richter.  Since appellants’ arguments with respect to this                            

             rejection have treated these claims as a single group which stand or fall                            

             together, we will consider independent claim 18 as the representative claim                          

             for this rejection. See 37 C.F.R.§ 41.37(c)(1)(vii)(2004).                                           









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