Appeal No. 1999-0033
Application No. 08/514,255
For reasons discussed supra, Ryall’s resilient member 180 will decrease the
connecting rigidity in an impeller radial direction and even in an impeller circumferential
direction, as well as in an impeller axial directrion. Accordingly, claim 1 is also
anticipated by Ryall. For this additional reason, the § 102(b) rejection of claim 1 based
on Ryall is sustainable.
Claims 8, 9 and 12 are also anticipated by Ryall. For this additional reason, the
§ 102(b) rejection of claims 8, 9 and 12 based on Ryall is sustainable. In this regard, we
note that the unrestrained radial deformation recited in claims 8, 9 and 12 is not limited to
any particular form or type of deformation. Instead, these claims are broad enough to
cover any form of radial deformation of the vane member, such as thermal deformation
or “thermal distortion” as appellants call it on page 10 of the brief.5 Thermal deformation
may take the form of thermal contraction or thermal expansion. Clearly, thermal
contraction of Ryall’s vane structure 16, 18 in a radial direction is unrestrained by the
outer casing (claim 8) or the inner casing 12 (claim 12). Furthermore, thermal expansion
of Ryall’s vane structure 44 in a radial direction is unrestrained by the outer casing and is
also unrestrained by the resilient member 180.
We cannot sustain the § 102(b) rejection of claim 8 based on the German
reference. Claim 8, as noted supra, recites that deformation of the vane member in an
impeller radial direction is unrestrained by the casing which surrounds the vane member.
According to the examiner’s findings (see page 7 of the answer), the German reference
discloses a centrifugal pump in which the vane member 3, 4 is attached to a part 5 of the
5 The word “distortion” is a synonym for the word “deformation.” See Webster’s Third New International
Dictionary cited supra.
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