Ex Parte Yanase et al - Page 3



            Appeal 2007-0025                                                       Page 3                    
            Application 09/792,151                                                                           

                   We AFFIRM.                                                                                
                   The Brief1 separately argues the following groups of claims:                              
                   • Claims 2, 7-9, 15, and 162  (Br. 14-18);                                                
                   • Claims 5 and 13 (Br. 18-19);                                                            
                   • Claims 3 and 11 (Br. 19-20);                                                            
                   • Claims 4 and 123 (Br. 22-23); and,                                                      
                   • Claims 6 and 14 (Br. 20-22).                                                            

            Claims 2-5, 7-9, 11-13, 15, 16 under 35 U.S.C. §103(a) as being unpatentable over                
            Dedrick in view of Angles in view of Freeman.                                                    
                   Claims 2, 7-9, 15, and 16                                                                 
                   Because Appellants argue claims 2, 7-9, 15, and 16 as a group, pursuant to                
            the rules, the Board selects representative claim 2 to decide the appeal with respect            
            to this rejection, and claims 7-9, 15, and 16 will stand or fall with claim 2. 37                
            C.F.R. § 41.37(c)(1)(vii) (2006). It reads as follows:                                           
                                                                                                            
            1 Our decision will make reference to Appellants’ Appeal Brief (“Br.,” filed 18                  
            May 2006), the Examiner's Answer (“Answer,” mailed 3 July 2006), and                             
            Appellants’ Reply Brief (“Reply Br.,” filed 6 September 2006).                                   
            2 Although the Brief (pp. 14-18) includes claims 5 and 13 in the section discussing              
            these claims, claims 5 and 13 are also argued separately later in the Brief (pp. 18-             
            19). In light of their separate argument, we will decide the appeal as to claims 5               
            and 13 separate from these claims taking into consideration the arguments made as                
            to these claims.                                                                                 
            3 The Brief (pp. 22-23) puts claim “11” in this group but since claim 11 was                     
            addressed earlier in the Brief (pp. 19-20), we assume Appellants meant to refer to               
            claim 12, not claim 11.                                                                          




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