Ex parte BINDER et al. - Page 5




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




         Grouping of Claims                                                      
              In the “Grouping of Claims” section of the brief (page 4),         
         the appellants state that, "claims 1, 2 and 5-9 stand or fall           
         together."  The remaining claims, 10 through 13 and 15, are             
         submitted to be separately patentable.                                  
              In accordance with the appellants' grouping we have selected       
         claim 1 as the representative claim from the appellants’                
         grouping of claims 1, 2 and 5 through 9 and decide the appeal on        
         the rejections under 35 U.S.C.  102 and 103 on the basis of           
         this claim alone.  The 35 U.S.C.  102 and 103 rejections of           
         remaining claims 10 through 13 and 15 are decided separately.           


         The 35 U.S.C.  102 rejection of claims 1, 2, 5 and 9 as being          
         clearly anticipated by either Thurman or Briggs.                        
              We will not sustain the examiner's rejection of                    
         appellants' claims 1, 2, 5 and 9 as anticipated by Thurman,             
         but we will sustain the examiner's rejection of appellants'             
         claims 1, 2, 5 and 9 as anticipated by Briggs.                          
              We note that claim 1 on appeal requires, inter alia, a             
         base member, a housing and a coalescer mounted on the base              
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