Ex parte BINDER et al. - Page 15




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


              Additionally, we note that claim 11 requires a base                
         member including a passage for an air-oil mixture and a                 
         passage for clean air, both passages being in communication             
         with the coalescer element.  From our perspective there is no           
         evidence with respect to the general state of the art which             
         discloses or suggests a base member with two passages in                
         communication with the coalescer element as recited in claim            
         11.  Our review of Thurman also reveals nothing therein 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 a base member              
         including a passage for an air-oil mixture and a passage for            
         clean air, both passages being in communication with the                
         coalescer element, as recited in claim 11.                              
              Claims 12, 13 and 15 are dependent on claim 11.  Thus,             
         it follows that the decision of the examiner to reject claims           
         11 through 13 and 15 under 35 U.S.C.  103 as being                     
         unpatentable over Thurman taken in view of the general state            
         of the art is reversed.                                                 
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