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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