Appeal No. 2002-0416
Application 08/902,625
that page 10 of the brief indicates a statement for these
separate groupings. We therefore consider claims 30 and 33.
37 CFR § 1.192(c)(7)(8)(2000). We note that on page 3 of the
answer, the examiner states that appellants’ brief does not
include a statement that claims 30-37 stand or fall together.
However, as indicated supra, appellants have grouped the claims
into two groupings. We therefore reiterate that we consider
claims 30 and 33 in this appeal.
OPINION
We have thoroughly reviewed appellants’ brief and reply
brief and the examiner’s answer. In view of this review, we
reverse each of the rejections.
I. Background of the Subject Matter on Appeal
Page 2 of appellants’ specification indicates that one
feature of appellants’ invention is to provide a new and improved
filter element wherein the filter element is configured for use
in an oil pan useful in devices such as transmissions and
internal combustion engines.
On page 2 of the brief, appellants’ Summary of the Invention
indicates that the allowed claims are directed to the assembly
which positively recites both the filter and the oil pan
structure. Claims 30 and 31, however, are directed to the filter
element that is configured for use in the oil pan/filter assembly
10, as depicted in Figures 1-3 and 9-13 of appellants’
specification.
Hence, claims 30 and 33 are directed to the filter element
14 shown in the Figures, see particularly Figure 9.
The preliminary amendment filed on May 7, 1999 (Paper No.
9), on page 3, indicates that independent claims 30 and 33 are
specifically directed to oil pans which have a pleated filter
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