Appeal 2007-1361
Application 09/681,573
No. 2002/0002563 ("Bendik"). Claims 12 and 16-23 stand rejected under
§ 103(a) as obvious over ATS; Bendik; and U.S. Patent No. 6,336,124
("Alam"). Claim 24 stands rejected under § 103(a) as obvious over ATS;
Bendik; Alam; and U.S. Patent No. 6,370,567 ("Ouchi"). Claim 26 stands
rejected under § 103(a) as obvious over ATS; Bendik; and U.S. Patent No.
6,009,442 ("Chen"). Claim 28 stands rejected under § 103(a) as obvious
over ATS, Bendik, and Ouchi.
II. CLAIMS 1-4, 7, AND 25-29
"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) (2006).1
1 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief. The current version includes the same rules.
4
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