Ex parte BINDER et al. - Page 7




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


         one of ordinary skill in the art would have viewed the gasket           
         or packing in Thurman as being a separate member and not as a           
         metal sheet member coated with rubber.3  Accordingly, since             
         our review of Thurman does not disclose a flange consisting of          
         metal sheet coated with rubber as required by claim 1, we will          
         not sustain the examiner's rejection of claim 1 based on                
         Thurman.                                                                
              Accordingly, the decision of the examiner to reject claim          
         1 under 35 U.S.C.  102(b) as clearly anticipated by Thurman            
         is reversed.  It also follows that the examiner's rejection of          
         claims 2, 5 and 9, which are dependent on claim 1, under 35             
         U.S.C.  102(b) as clearly anticipated by Thurman is also               
         reversed.                                                               
              Turning next to the examiner's rejection of claim 1 as             
         clearly anticipated by Briggs, it is the examiner's position            
         that "Briggs teaches a base member (18,62) sealingly connected          
         to a housing (38,48) via a bent sheet metal flange (54,56,58),          

                                                                                
         3 Enclosed with this decision is a copy of The Condensed Chemical Dictionary,
         ninth edition, page 215, which defines "coating" as a film or layer applied to
         a base by, for example, electrolysis, painting, etc.  In our view the gasket
         or packing of Thurman is not a film or layer applied in a manner so as to be a
         coating on the metal flange (17, 18).                                   

                                        7                                        





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007