No facets on no results

After using current last patch #39 from Add support for OR facets issue. I got this issue:
Have 3 products (laptops) in index:

• Asus, 14"
• Asus, 15"
• Apple, 13.3"

Have 2 facets:

• Manufacturer:
• • Asus (2)
  • Apple (1)
• Diagonal:
• • 13.3" (1)
  • 14" (1)
  • 15" (1)

How to reproduce:

1. Select on Manufacturer facet value Asus
2. Select on Manufacturer facet value Apple
3. Select on Diagonal facet value 14"
4. Un-Select on Manufacturer facet value Asus

In this case I have "No results" in my view (this absolutely correct). And I not see facets and have no ability "Un-Select" incorrect facet value for return back results. This issue can be fixed using "Current search" block, but in my case I shouldn't use it in project.

I already check this issue on several big e-commerce sites and "No results" situation is not a bug on module logic or settings, this is correct behaviour. On all checked sites when "No results" - facets is displayed.

I already fix this issue and test solution. My fix is on attached patch, but it should be applied only after patch #39 from Add support for OR facets issue.