Ex Parte Brunner - Page 4




          Appeal No. 2004-1244                                                        
          Application 10/085,280                                                      


          II. The merits                                                              
               Beusch, the examiner’s primary reference, discloses an ice             
          making apparatus for producing granular ice.  As shown in Figure            
          1, the apparatus includes an extruder screw 1, a cooling jacket             
          inner wall member 6, a cooling jacket outer housing wall 7, a               
          space 13 between the member 6 and the wall 7 for receiving a                
          cooling medium, a cooling medium inlet port 8, a cooling medium             
          outlet port 9, and an annular extrusion plate 20 containing a               
          plurality of conical apertures 22.  In use, water is fed into the           
          bottom of the cooling jacket, advanced upwardly by the extruder             
          screw, formed into ice/slush on the cold inner surface of the               
          cooling jacket, scraped off the inner surface by the screw and              
          advanced toward and through the conical apertures in the                    
          extrusion plate.                                                            
               The Beusch ice making apparatus meets all of the limitations           
          in representative claims 1 and 4 except for those requiring (1)             
          the evaporator body to have a continuous generally spiral groove            
          on its outer cylindrical surface terminating in a radial outward            
          edge (claim 1), (2) the evaporator jacket to be in interference             
          fit against the outward edge of the spiral groove sealingly                 
          engaging the evaporator jacket against the evaporator body                  
          whereby refrigerant entering into the groove is sealingly trapped           


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