Ex Parte Davlin et al - Page 9



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

               Appellants present the same arguments for claim 23 as                  
          discussed above for claim 22 (Brief, page 9).  Accordingly, we              
          adopt our comments from above.                                              
               Appellants additionally argue that claim 23 requires the               
          heat regulating flange disposed between the rotary drive motor              
          and the wafer support, with the heat regulating element                     
          positioned between the flange and wafer support, and Kimura does            
          not disclose this feature (Brief, page 10).  This argument is not           
          persuasive since Kimura has not been relied upon to show all of             
          the claimed features (Answer, page 7).  As recognized by                    
          appellants, Kimura does teach positioning the heat regulating               
          flange between the motor and the wafer support (Brief, page 10).            
          When combining the flange feature taught by Kimura with the heat            
          regulating element and apparatus of Sugimoto, it would have been            
          obvious to position the flange adjacent or closest to the motor             
          (and thus the heat regulating element would be positioned between           
          the flange and the wafer support) since Kimura teaches that                 
          “[t]he mount flange 31b prevents heat generated by the driving              
          member 31 [the rotary motor] from being transmitted to the spin             
          chuck 28 and thus to the wafer W through the rotary shaft 31a.”             


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