Ex parte VAN DIJK et al. - Page 2




          Appeal No. 95-3500                                                          
          Application No. 08/065,438                                                  


               The claims on appeal relate to a method for preparing an               
          oxygen-enriched gas stream using a gas turbine system.                      
               Appellants acknowledge on page 8 of their brief that the               
          claims stand or fall together for the purposes of this appeal.              
          Accordingly, we will limit our consideration to representative              
          claim 1 which reads as follows:                                             
               1.  A method for preparing a gas stream containing                     
          nitrogen which contains greater than 21 mole % oxygen using a               
          gas turbine comprising an air compressor unit and an energy                 
          production unit comprising a combustor unit and a first                     
          expander mechanically linked to the air compression unit by a               
          shaft carrying a thrust bearing, comprising the steps of:                   
               (a) compressing air in a compressor unit of a gas                      
          turbine;                                                                    
               (b) contacting at least a portion of such compressed air               
          with a means which is preferential for the separation of O2                 
          from said compressed air to produce one gas stream which is                 
          enriched in O relative to nitrogen and a second gas stream                  
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          which is depleted in O  relative to nitrogen;                               
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               (c) passing said oxygen depleted gas stream to the                     
          combustor unit of said turbine;                                             
               (d) recovering said O  enriched gas stream in an amount                
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          which exceeds the capacity of the thrust bearing; and                       
               (e) maintaining a mass flow within the energy production               
          unit in an amount which is within the capacity of the thrust                
          bearing by adding a non-combustible fluid to said energy                    
          production unit.                                                            
               All of the claims on appeal stand solely rejected under                

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