Appeal 2006-3247
Application 10/345,055
consider the patentability of any grouped claim separately." 37 C.F.R.
§ 41.37(c)(1)(vii) (2005).2
Here, the Appellants argue claims 1-3, 10, 11, 13-17, 19, 20, 22-24,
26, 27, 31, 32, and 34-41, which are subject to the same ground of rejection,
as a group. (Br. 4-10.) Therefore, we select claim 24 as the sole claim on
which to decide the appeal of the group.
III. ISSUE
With this representation in mind, rather than reiterate the positions of
the parties in toto, we focus on the issue therebetween. The Examiner finds
that page 21, lines 12-15, of the Appellants’ specification defines a contact
image sensor as "'a device composed of an illumination system which
delivers light to the surface of a specimen such as a wafer 66 and a detection
system which collects the scattered light from the specimen surface and
converts the light into usable electrical signals.''' (Answer 13.) Based on
this definition he asserts, "Wack et al. clearly shows in Figure 12 an
illumination system (44) that delivers light to the surface of a specimen
(40a) and a detection system (46a, 46b), which collects scattered light from
the specimen and converts the light into usable electrical signals (54)." (Id.)
2 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief.
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