Ex Parte UEYAMA et al - Page 10


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

                           For reasons discussed supra, Ryall’s resilient member 180 will decrease the                              
                   connecting rigidity in an impeller radial direction and even in an impeller circumferential                      
                   direction, as well as in an impeller axial directrion.  Accordingly, claim 1 is also                             
                   anticipated by Ryall.  For this additional reason, the § 102(b) rejection of claim 1 based                       
                   on Ryall is sustainable.                                                                                         
                           Claims 8, 9 and 12 are also anticipated by Ryall.  For this additional reason, the                       
                   § 102(b) rejection of claims 8, 9 and 12 based on Ryall is sustainable.  In this regard, we                      
                   note that the unrestrained radial deformation recited in claims 8, 9 and 12 is not limited to                    
                   any particular form or type of deformation.  Instead, these claims are broad enough to                           
                   cover any form of radial deformation of the vane member, such as thermal deformation                             
                   or “thermal distortion” as appellants call it on page 10 of the brief.5  Thermal deformation                     
                   may take the form of thermal contraction or thermal expansion.  Clearly, thermal                                 
                   contraction of Ryall’s vane structure 16, 18 in a radial direction is unrestrained by the                        
                   outer casing (claim 8) or the inner casing 12 (claim 12).  Furthermore, thermal expansion                        
                   of Ryall’s vane structure 44 in a radial direction is unrestrained by the outer casing and is                    
                   also unrestrained by the resilient member 180.                                                                   
                           We cannot sustain the § 102(b) rejection of claim 8 based on the German                                  
                   reference.  Claim 8, as noted supra, recites that deformation of the vane member in an                           
                   impeller radial direction is unrestrained by the casing which surrounds the vane member.                         
                   According to the examiner’s findings (see page 7 of the answer), the German reference                            
                   discloses a centrifugal pump in which the vane member 3, 4 is attached to a part 5 of the                        

                                                                                                                                    
                   5 The word “distortion” is a synonym for the word “deformation.”  See Webster’s Third New International          
                   Dictionary cited supra.                                                                                          

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