Ex parte BINDER et al. - Page 8




         Appeal No. 1998-3016                                                    
         Application No. 08/568,344                                              


         the flange being coated in operative position by rubber                 
         sealing material (60) on both sides, an annular filter media            
         (34) being connected to the base via the flange" (the final             
         rejection, Paper No. 10, page 7).                                       
              The appellants' argument is the same as that with                  
         respect to Thurman.  That is, Briggs' body (60) of elastomeric          
         material is a separate part rather than the coating as                  
         required by claim 1.  Further, the appellants argue that "the           
         Examiner's attempt to read the instant claim language on the            
         structure of Briggs is untenable... Briggs does not disclose            
         or suggest a rubber coated flange extending between a housing           
         and a base member to form a seal therebetween, as set forth in          
         instant claim[s] 1" (reply brief, page 2).                              
              We do not agree with the appellants' position that Briggs          
         does not teach the features of claim 1 on appeal.  In our view          
         Briggs' members (36, 42) and (48) provide a housing for the             
         pleated filter medium, or coalescer (34), which is mounted via          
         rubber covered flange (58) on base (18, 62) so as to provide a          
         seal between the housing and base as prescribed by appellants'          
         claim 1 on appeal.  Flange (58) is described by Briggs as               
         "embedded in a body of elastomeric material 60" (col. 2, lines          
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