Ex Parte Davlin et al - Page 5



          Appeal No. 2005-0874                                                        
          Application No. 10/320,073                                                  

          the spindle (see 20 in Figure 2 and F in Figure 5), and a fluid             
          conduit connecting the inlet and outlet (the annular gas exhaust            
          zone 30).                                                                   
               Sugimoto also discloses a fluid source coupled to said fluid           
          conduit (air flow adjusting unit 50); a substantially cylindrical           
          heat regulation void (the space around the spindle, including the           
          “small opening” 30b); a temperature sensor col. 6, ll. 3-4);                
          where there must be a “heat regulation void” with an inside                 
          diameter selected to accommodate the outside diameter of said               
          rotary spindle and an exit gas flow path at 30b (see Figures 2              
          and 5); and finally the heat regulating element is defined by an            
          “open framework” such that the upper and lower ends of the heat             
          regulating element are open to said void.  Appellants and the               
          examiner apparently agree that the “open framework” should be               
          construed as including gaps between the spindle and frame with a            
          side opening, with the frame containing a cylindrical cut-out               
          through its body (Answer, page 9; Reply Brief, pages 2-3).  As              
          previously mentioned, Sugimoto discloses a heat regulating                  
          element with a gap between the spindle and the frame (see 30b               
          adjacent to the lower spindle as well as the void around the                
          upper spindle; see Figure 5), as well as the side opening 30a.              
          Accordingly, we agree with the examiner that Sugimoto discloses             
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