Ex parte AGAHI et al. - Page 18




          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                    

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