Ex Parte FORBES et al - Page 4




          Appeal No. 1999-2775                                                        
          Application No. 08/549,847                                                  


          Looking first to the broader independent claim 13, we note                  
          that this claim sets forth an apparatus for sanding or polishing            
          a surface, wherein the apparatus comprises a motor (1) including            
          a body and a working head (2) mounted on said body, said working            
          head including means for attachment of an abrasive or polishing             
          material (5) to said working head; a feed line means for                    
          directing a cold gas flow to the surface to be treated; and means           
          for feeding a cold gas flow to the feed line means comprising a             
          vortex tube (8) adjacent said working head and a compressed gas             
          line (18), said vortex tube having an outlet opening                        
          communicating with said feed line means, and having an inlet end            
          connected to said compressed gas line.  Like the examiner, we               
          observe that Lubbering '242 discloses an apparatus similar to               
          that set forth in claim 13 on appeal, with the exception that               
          Lubbering '242 does not disclose or teach a means for feeding a             
          cold gas flow to the feed line means (3, 9) therein which                   
          comprises "a vortex tube adjacent said working head," as in                 
          appellants' claim 13.  At column 3, lines 11-13, Lubbering '242             
          indicates that the term cold gas as used in that patent "refers             
          to a cold air which has been cooled by suitable means to                    
          temperatures substantially lower than minus 20 C."  Lubbering              
          '242 goes on to indicate that an advantageous way of providing              



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