Ex parte FINNEY - Page 5




                Appeal No. 96-3062                                                                                                            
                Application 08/239,029                                                                                                        


                positioned downstream of the first venturi.  According to Bloch,                                                              
                “only one portion of the stream of fluid that is actually used                                                                
                passes through the rotor” (translation, page 1), that is, through                                                             
                the alpha venturi tube.  The remaining portions of the stream of                                                              
                fluid, which pass through the other venturi tubes and the                                                                     
                deflector, influence the area downstream of the alpha tube in                                                                 
                such a manner as to recompress the fluid exhausting therefrom,                                                                
                allowing it to flow more freely.                                                                                              
                         Jourdain describes the prior art pertinent to his invention                                                          
                as comprising a turbine in a main cone, with a plurality of                                                                   
                guiding cones arranged around the main cone to improve the power                                                              
                efficiency of the turbine.  He characterizes his invention as an                                                              
                improvement in which a series of turbines is substituted for the                                                              
                series of guiding cones arranged around the main cone of the                                                                  
                prior art devices.  See translation, page 1.  As shown in the                                                                 
                drawing, a turbine is located in the constricted portion of each                                                              
                of a series of “cones” which, in our view, would have been                                                                    
                recognized by one of ordinary skill in the art as being, in                                                                   
                actuality, venturi tubes.3                                                                                                    

                         3A short tube with a tapering constriction in the middle                                                             
                that causes an increase in the velocity of the flow of fluid and                                                              
                a corresponding decrease in fluid pressure.  See, for example,                                                                
                Mirriam Webster’s Collegiate Dictionary, Tenth Edition, 1996,                                                                 
                page 1311.                                                                                                                    
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