Ex Parte Smith - Page 7




            Appeal No. 2003-0574                                                                              
            Application No. 09/568,616                                                                        


                   We have carefully reviewed the claims, specification and applied prior art,                
            including all of the arguments advanced by both the Examiner and Appellant in support             
            of their respective positions.                                                                    
                   Miller describes a lightweight, flywheel containment device that captures dust and         
            dissipates a significant amount of energy if the flywheel fails.  (Col. 1).  Miller’s flywheel    
            containment device 2, shown in figures 1-3, includes a flywheel 6 and an annular shaped           
            honeycomb structure 8.  The honeycomb structure 8 enables the flywheel containment                
            device 2 to capture dust and dissipate energy into material strain rather than heat if the        
            flywheel 6 fails. (Col. 2, ll. 18 to 27).  Miller discloses the flywheel 6 may be made of any     
            material conventionally used in flywheel fabrication including a resin matrix composite.          
            The honeycomb structure 8 includes an annular shaped honeycomb layer 10 having a                  
            plurality of pores 11 that are open on the inner diameter of the honeycomb layer 10 to trap       
            dust created if a small portion of the flywheel 6 fails.  (Col. 2, ll. 39 to 46).  The            
            honeycomb layer 10 may be a deformable polymeric material or a metal such as steel,               
            brass and aluminum.  (Col. 2, l. 63 to col. 3, l. 2).                                             
                   Miller discloses the honeycomb structure 8 may comprise an additional metal layer          
            12, such as steel, that may be positioned around the outer diameter of the honeycomb              
            layer 10.  (Col. 3, ll. 30 to 37).  The metal layer 12 spreads the load of debris impacting       

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