Appeal No. 2001-1484
Application 09/092,368
compresses the working fluid, then for appellant’s device, the
compression element would appear to be fixed and orbiting scrolls
39 and 33, respectively. In the Smith device, the compression
element of the pump and motor unit would apparently be the rotary
compressor consisting of the housing, an eccentric 24, and a
divider block 26 and perhaps discharge valve 32 which permits
pressure to build up for compression.
Furthermore, in line 8, of claim 1 an additional step is
recited as “beginning to rotate said motor and said pump unit . .
. .” Presumably, only the rotatable part of the compression
element and the motor rotor are rotated. It would appear from
the second and third lines of the claim that “a motor and pump
unit” therein recited includes some stationary structure that is
not rotated.
Our problems with the construction of claim 1 in this regard
are significant in that how “compression element” is construed
has a bearing on whether Smith in anticipatory of the claim. We
note that appellant and the examiner seem to agree that Smith,
when rotated in a reverse direction, sweeps refrigerant out of
the compressor and into the return conduit 56 at a pressure
somewhat higher than the return conduit pressure. Smith does not
discloses a valve in the return conduit 56. Thus, the sweeping
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