Ex parte BINDER et al. - Page 13




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


         being unpatentable under 35 U.S.C.  103 over Briggs taken in           
         view of the general state of the art is also reversed.                  
              We will not sustain the examiner's 35 U.S.C.  103                 
         rejection of claims 1, 2, 5 through 13 and 15 as being                  
         unpatentable over Thurman taken in view of the general state            
         of the art.                                                             
              With regard to the examiner's rejection of claim 1 as              
         being unpatentable over Thurman taken in view of the general            
         state of the art, we again note that the examiner relies on             
         the nebulous "general state of the art" for the teaching of             
         the structure of the claimed base member or base members.  The          
         general state of the art is not relied on for teaching a                
         flange consisting of metal sheet coated with rubber as                  
         required by claim 1 and, as discussed above, this feature is            
         not disclosed by Thurman.  Accordingly, the examiner's                  
         rejection with regard to claim 1 as being unpatentable over             
         Thurman taken in view of the general state of the art, will             
         not be sustained because, in our view, the combined teachings           
         of Thurman and the general state of the art fail to disclose            
         or suggest a flange consisting of metal sheet coated with               
         rubber as required by claim 1.                                          
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