Appeal No. 1999-1756
Application No. 08/499,100
There is no dispute that Herrick discloses the subject
matter of claim 1 with the exception of the particular type of
seal (a brush seal having bristles) recited in claim 1. To
overcome this deficiency, the examiner turns to the teachings
of Beeman. Beeman teaches in the background (col. 1, lines
12-42) that radially mounted brush seals are known for use
between a stationary part and a rotating part of machinery.
Beeman also discloses provision of brush seals oriented
axially at the interface between axially aligned parts of a
gas turbine engine for transmitting axial loads created by
expansion of one of the parts from heating by combustion
gases. According to the examiner, it would have been obvious
to one of ordinary skill in the art at the time of appellants'
invention to have used a brush sealing device of the type
taught by Beeman within the recess of the clamshells on
Herrick's system to prevent leakages (final rejection, p. 3).
Apparently recognizing that the seals of Herrick (piston rings
or spring seals, for example) are provided by Herrick to
prevent leakages of exhaust gas between the collar and
clamshells, the examiner cites as the motivation for replacing
the seals of Herrick with the brush seals of Beeman the fact
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