Ex parte BINDER et al. - Page 11

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

         element being in communication with each of these passages.             

              The examiner’s position is that Briggs is applied as in            
         the rejection of claim 1 and further that "applicant's                  
         disclosure makes it clear that the instant invention lies               
         within the use of a rubber coated metal flange within a                 
         separator apparatus and not specifically with the structure of          
         the base member (10), which is notoriously well known within            
         the art" (the final rejection, Paper No. 10, page 6).                   
              The examiner's rejection with regard to claims 10 and 11           
         as being unpatentable over Briggs taken in view of the general          
         state of the art, will not be sustained because, in our view,           
         the combined teachings of Briggs and the general state of the           
         art fail to disclose or suggest a base member with two                  
         passages in communication with the coalescer element as                 
         recited in claims 10 and 11.                                            
              With respect to the examiner's comments regarding the              
         general state of the art, we note appellants' statement that,           
              [I]n the Amendment filed March 18, 1997                            
              Appellant added claims 10 and 11, including                        
              recitations specifically directed to the                           
              structure of the base member.  At that time, the                   
              Examiner was clearly put on notice that                            
              Appellant considered the structure of the base                     

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