Unpublished Dispositionin Re Charles G. Reggers, 824 F.2d 978 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 978 (Fed. Cir. 1987) May 11, 1987

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

MARKEY, Chief Judge.


DECISION

The decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (board), affirming the examiner's final rejection of claims 1, 2, 4 and 7-9 in Charles G. Reggers' application Serial No. 301,013 under 35 U.S.C. § 103, is affirmed.

OPINION

Because Reggers does not argue separately the patentability of each of the rejected dependent claims, those claims stand or fall with independent claim 1. In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983).

Reggers has shown no error in the board's conclusion that the claimed invention recited in claim 1 would have been obvious to one of ordinary skill in the art. Reggers' contention that the board used hindsight reconstruction in combining U.S.Des.Pat. No. 215,942 to Carlton W. Jacobson and U.S.Pat. No. 3,952,439 to Walter R. Armand is without merit. The two references each disclose one-piece identification tags which are attached to an animal's ear. The board correctly concluded that it would have been obvious to construct the tag disclosed in Jacobson from a flexible material as disclosed in Armand. Reggers' attempt to distinguish Jacobson structurally reveals no error in the board's opinion. Accordingly, we affirm on the basis of the board's opinion.