Ex parte AGAHI et al. - Page 12




          Appeal No. 1997-0287                                                        
          Application 08/263,034                                                      

               Appellants argue (Br15):  "Looking to the specific claim               
          groups, claim 5 further requires a turboexpander as another                 
          rotary device.  Turboexpanders are not provided in the prior                
          art presented.  Only Andres et al. discloses a turbine."  The               
          Swearingen patents expressly state that the fluid thrust                    
          balancing system is applicable to turboexpanders.  When                     
          Appellants state that "[o]nly Andres et al. discloses a                     
          turbine" (Br15), it is not clear whether Appellants are                     
          admitting or denying that Andres has a turboexpander.  Since                
          the turbine of Andres serves to expand air which is                         
          pressurized by the compressor (abstract), we find that Andres               
          teaches a turboexpander in combination with a compressor.                   
               Appellants argue (Br16):  "Claims 5, 11 and 16                         
          specifically provide for the use of the back side of the                    
          compressor rotor.  Andres et al. and New fall short."                       
          Presumably Appellants admit, as they must, that the Swearingen              
          patents and Miura disclose using the high pressure from the                 
          back side of the compressor rotor.  Andres is not relied on                 
          for fluid thrust balancing and so it has never been contended               
          that it teaches using the high pressure from the back side of               



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