Appeal No. 1997-0287 Application 08/263,034 Appellants' arguments regarding Andres have been discussed in connection with the rejection over Andres and the two Swearingen patents and are not persuasive. Appellants argue that Miura's arrangement where both magnetic thrust bearings and fluid thrust bearings are employed to regulate the axial disposition of the compressor shaft is "in direct contradiction to Andres et al." (Br11). This argument is not commensurate in scope with the claims which do not preclude a fluid thrust backup bearing system. Miura teaches that it was known to have an active magnetic thrust bearing system in combination with a fluid thrust balancing system. Appellants further argue with respect to Miura that (Br11-12): "No other thrust loading rotary devices are understood to be associated with the shaft. In terms of the present invention, it is a system without something to balance but the balancing system itself." Miura discloses that the compressor alone creates a thrust imbalance, so Appellants' argument that there is nothing to balance in Miura is without merit. One of ordinary skill in the art would have recognized that turbo machinery, such as Andres, having other turbo - 18 -Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 3, 2007