Ex Parte UEYAMA et al - Page 8


                   Appeal No. 1999-0033                                                                                             
                   Application No. 08/514,255                                                                                       

                   “something that encases.”  Thus, Ryall’s elements 26 and 42 form part of a casing that                           
                   “encases” the impeller and the diffuser vane stages.                                                             
                           Ryall’s resilient member 180 is therefore confined between a diffuser vane                               
                   structure and a part of the casing to read on the recitation in claim 5 that the vane member                     
                   has an elastically deformable portion connected to the casing.  Being deformable and                             
                   being axially confined between the vane structure 44 and the end casing member 42,                               
                   Ryall’s resilient member 180 will inherently reduce the connecting rigidity between the                          
                   vane structure and the casing member in at least the impeller axial direction as recited in                      
                   claim 5.                                                                                                         
                           With regard to the last limitation in claim 5 (which recites that the vane member                        
                   is movable to a predetermined extent relative to the casing in an impeller axial direction),                     
                   Ryall’s resilient member 180 is expressly described as being compressible (see column 5,                         
                   lines 37-42), thus permitting the vane structure to be movable in an impeller axial                              
                   direction.  Furthermore, Figure 4 of Ryall’s drawings shows that there are clearance                             
                   spaces between vane structure 44 and the casing member 42 to permit movement of the                              
                   vane structure in an impeller axial direction.  In fact, a printed caption in Figure 4 refers                    
                   to the clearances in question and states that they allows for “axial float of the cartridge,”                    
                   the “cartridge” obviously being the assembly of vane stages.                                                     
                           Thus, Ryall meets the last limitation, which recites that the vane member is                             
                   movable in an impeller axial direction.  Appellants have not argued otherwise.                                   
                           Contrary to appellants’ arguments on page 9 of the brief, neither claim 5 nor any                        
                   of the other appealed claims “specifies decreased mobility” or even “vibration isolation”                        
                   between the vane member and the casing. Furthermore, unlike claim 1, the limitation                              

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