Ex parte BINDER et al. - Page 14




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


              Claims 2 and 5 through 10 are dependent on claim 1.                
         Thus, it follows that the decision of the examiner to reject            
         claims 1, 2, and 5 through 10 under 35 U.S.C.  103 as being            
         unpatentable over Thurman taken in view of the general state            
         of the art is reversed.                                                 
              The examiner's rejection with regard to claim 11 as being          
         unpatentable over Thurman taken in view of the general state            
         of the art, will not be sustained.                                      
              Claim 11 includes two flanges, each of which, like claim           
         1, consists of a metal sheet with at least a portion of the             
         metal sheet being coated with rubber.  As discussed above, we           
         do not find this feature to be taught or suggested by Thurman.          
         Again, we see no evidence with respect to the general state             
         of the art which teaches or suggests this feature.  The                 
         examiner's rejection of claim 11 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 flanges, each of which consists of a metal sheet             
         with at least a portion of the metal sheet being coated with            
         rubber, as recited in claim 11.                                         
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