Ex parte LEJAMBRE et al. - Page 8




                 Appeal No. 98-2118                                                                                                                     
                 Application No. 08/459,986                                                                                                             


                 of chord to pitch is constant from half the vane height to the                                                                         
                 inner radius, it follows that the chord must "generally"                                                                               
                 increase from a first value near the root  to a second larger             4                                                            
                 value at a part span location (i.e., the midpoint of the vane                                                                          
                 height) and "generally" constant from that location to the tip                                                                         
                 as broadly set forth in independent claims 1 and 9.  This                                                                              
                 interpretation is reinforced by the fact th2at Elvekjaer also                                                                          
                 expressly states, as we have noted above, that the guide vanes                                                                         
                 are tapered radially inwards.  From our perspective, the                                                                               
                 above-noted teachings of Elvekjaer establish a prima facie                                                                             
                 case of anticipation.                                                                                                                  
                          The appellants on page 6 of the brief contend that:                                                                           
                          Pitch T [of Elvekjaer] is the circumferential offset                                                                          
                          between common points (e.g. the leading edge) on                                                                              
                          neighboring vanes (see Fig. 2 of the reference) and                                                                           
                          can only be interpreted as a quantity which                                                                                   
                          decreases with decreasing radius (as opposed to                                                                               
                          being a constant offset taken at an arbitrary                                                                                 
                          radius).                                                                                                                      


                          4In Column 2, lines 59-62, Elvekjaer states that:                                                                             
                          the root of the vane guide is understood as being                                                                             
                          positioned at the outer diameter of the vane, that                                                                            
                          is, in the vane carrier 3, and the vane tips as                                                                               
                          being positioned at the inner diameter, that is, at                                                                           
                          the    hub 2.  [Emphasis added.]                                                                                              
                                                                           8                                                                            





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