Ex Parte UEYAMA et al - Page 2


                   Appeal No. 1999-0033                                                                                             
                   Application No. 08/514,255                                                                                       

                           In the summary of the invention on page 2 of the brief, appellants describe their                        
                   invention as follows:                                                                                            
                                  The present invention relates to a fluid transferring or compressing                              
                           machine, such as a turbo-pump, a turbo-compressor or the like in which a                                 
                           vibration generated at a front end of a diffuser vane, which receives a fluid urged                      
                           by a rotating impeller, is prevented or restrained from being transmitted to an                          
                           outer casing which contacts the atmosphere.                                                              
                           According to one embodiment of appellants’ invention (see Figure 2), an elastic                          
                   member 44 is disposed between the vane member 4 and an inner casing 3.  The elastic                              
                   member 44 is understood to be deformable by the vibrations to reduce what appellants                             
                   call the “connecting rigidity”1 between the vane member and the casing.                                          
                           All of the appealed claims are independent claims, which vary in scope as                                
                   discussed below.                                                                                                 
                           Appealed claim 1 recites that “at least one of the vane member and the casing has                        
                   an elastically deformable portion connected to another [sic] one of the vane member and                          
                   the casing to obtain a decreased connecting rigidity between the vane member and the                             
                   casing in at least one of an impeller radial direction and an impeller circumferential                           
                   direction.”2  Appellants acknowledge that the claimed elastically deformable portion is                          
                   readable on the elastic member 44 (see appellants’ answer filed June 30, 2000 (Paper                             
                   No. 28) in response to Interrogatory No. 5 in our Order mailed May 31, 2000 (Paper                               
                   No. 27)).  The capability of the elastic member 44 to deform in a radial direction reduces                       
                   the connecting rigidity in that direction (see appellants’ answer in Paper No. 28 in                             
                   response to our Interrogatory No. 1 in our Order mentioned above).  Similarly, the                               
                                                                                                                                    
                   1 The “connecting rigidity” is defined on page 3 of the specification as being the “vibration transfer           
                   function.”                                                                                                       
                   2 Our interpretation of this claim language is set forth infra.                                                  

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