Appeal No. 2001-1512 8
Application No. 09/273,541
The pressure of this cooling gas is controlled at a specific
desired value by observing the indication of the pressure
gage 19 and manipulating the flow rate control valve 16 and
the variable valve 17.
Thus, both valves 16 and 17 are constantly adjusted to control
the flow rate at a desired level that shows on gage 19. However,
we find nothing in Tezuka that teaches or suggests that the
exhaust valve (variable valve 17) is closed after the cooling gas
is delivered to the gap between the substrate and the chuck. In
fact, both valves 16 and 17 are manipulated to maintain the flow
of the cooling gas at a specific rate. The reference contains no
teaching or suggestion of “closing the exhaust valve so that all
of the heat transfer gas passing the pressure control valve is
delivered to a gap between the substrate and a substrate mounting
surface of a substrate holder,” as recited in Appellant’s claim
4. Although variable valve 17 may be capable of being closed at
some point while the gas pressure is being controlled, the
Examiner does not point to a specific suggestion or reason, and
we do not find any in Tezuka to that effect, for closing the
variable valve 17 after delivering the cooling gas. See In re
Mills, 916 F.2d 680, 682, 16 USPQ2d 1430, 1432 (Fed. Cir. 1990)
("While Mathis’ apparatus may be capable of being modified to run
the way Mills’ apparatus is claimed, there must be a suggestion
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