Appeal No. 98-2118
Application No. 08/459,986
the vane height and is configured with an
approximately constant ratio of chord to pitch from
half the vane height to the inner radius. The vane
profile remains sub-stantially unaltered over the
height of the vane. [Column 3, lines 10-17;
emphasis added.]
However, as is apparent from the above quotation, Elvekjaer
also teaches that the vane guides are tapered inwardly in a
radial direction. Additionally, as illustrated in Fig. 2, the
pitch T of Elvekjaer is constant (or at least "generally"
constant) and in line 51 of column 2 of the specification3
Elvekjaer simply refers to the "pitch T" (i.e., a single pitch
as distinguished from a varying pitch) and makes no mention
whatsoever of this pitch being variable. Since in Elvekjaer
(1) the pitch is constant (or at least "generally" constant),
(2) the ratio of chord to pitch increases from the outer
radius to approximately half the vane height and (3) the ratio
3While of course drawings are not drawn to scale,
they may nevertheless be used to establish relationships or
proportions between the various components which are clearly
depicted therein. See, e.g., In re Schreiber, 128 at 1478-79,
44 USPQ2d at 1431-32, Vas-Cath Inc. v. Mahurkar, 935 F.2d
1555, 1565, 19 USPQ2d 1111, 1118 (Fed. Cir. 1991), In re Mraz,
455
F.2d 1069, 1072, 173 USPQ 25, 27 (CCPA 1972) and In re Heinle,
342 F.2d 1001, 1007, 145 USPQ 131, 136 (CCPA 1965).
7
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