Appeal No. 2005-0874
Application No. 10/320,073
According to appellants, the invention is directed to a
method of regulating the heat generated by a rotary spindle
assembly, including the use of a heat regulating element of open
framework construction with upper and lower ends open, as well as
a heat regulating flange (Brief, pages 2-3; Reply Brief, pages 1-
2). Further details of the invention may be gleaned from
representative independent claims 22 and 23, a copy of which are
appended to this decision. Since appellants limit their
arguments to claims 22 and 23 on appeal (Brief, page 3), we limit
our consideration in this appeal to these same claims. See
37 CFR § 1.192(c)(7)(8)(2004); and In re McDaniel, 293 F.3d 1379,
1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002).
The examiner has relied upon the following references as
evidence of obviousness:
Stone 4,250,717 Feb. 17, 1981
Chigira et al. (Chigira) 5,197,537 Mar. 30, 1993
Takahashi et al. (Takahashi) 5,259,735 Nov. 09, 1993
Kimura 5,578,127 Nov. 26, 1996
Sugimoto et al. (Sugimoto) 5,762,709 Jun. 09, 1998
Hayes 6,107,608 Aug. 22, 2000
The following rejections are before this merits panel for
review in this appeal:
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