Appeal No. 2006-2177 Page 4
Application No. 10/127,152
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) (2005).
Here, the appellants argue claims 1, 2, 5, 6, 12, 13, 16, 17, 23, 24, 27, and 28,
which are subject to the same ground of rejection, as a group. (Appeal Br. at 6-14.) We
select claim 23 as the sole claim on which to decide the appeal of the group. "With this
representation in mind, we focus on the points of contention between the examiner and
the appellants." Ex parte Gordon, No. 2003-1371, 2004 WL 4978920, at *8 (B.P.A.I.
2004).
1. Navigational Ribbon Separate from Main Display Portion
The examiner finds, "The screenshots provided of Siegel show an interface
where the print section is distinctly separate from the rest of the display." (Examiner's
Answer at 25.) The appellants argue that "it is not even clear that the thumbnails in the
bottom image on page 223 of Siegel are in a scrolling ribbon separate from a main
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013