Appeal 2007-1538
Application 10/396,244
Further, Yeh teaches that the turbine and flywheel/motor/alternator unit can be used to
recharge a battery. Fact 5. As Yeh teaches that the alternator is constantly charging
the battery, that the flywheel/motor/alternator is one unit, and that the motor can be
used to operate the turbine, we find that Yeh teaches that the alternator is charging the
battery when the motor is supplementing the operation of the turbine. Thus, we find
ample evidence to support the Examiner’s finding that Yeh discloses the invention of
claim 1.
37 C.F.R. § 41.37 sets forth the requirements for an Appeal Brief. 37 C.F.R.
§ 41.37 (c)(1)(vii) states:
For each ground of rejection applying to two or more claims, the claims may be
argued separately or as a group. 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.
Appellant has not presented separate arguments directed to claims 4 through 7,
9 through 13, 18, and 19, which are similarly rejected under 35 U.S.C. § 102(b) as
being anticipated by Yeh. Thus, in accordance with 37 C.F.R. § 41.37(c)(1)(vii), we
group claims 1, 4 through 7, 9 through 13, 18, and 19, and affirm the Examiner’s
rejection of all of the claims so grouped.
Second Issue.
Appellant argues, on page 10 of the Brief, that the combination of Yeh and
Kataoka is not obvious and that the Examiner’s rejection is made in light of
Appellant’s disclosed invention. Further, on page 6 of the Reply Brief, Appellant
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