Ex parte HALL - Page 6




          Appeal No. 97-0356                                                          
          Application No. 08/086,150                                                  


          3).  The movement of the indicator 78 to a new "null" position              
          is referred to as calibration of the potentiometer circuit.                 
               The examiner is of the opinion (Answer, page 4) that:                  
               It is inherent that the circuit of Petry compares                      
               voltages and ratios of voltages which may exceed a                     
               predetermined limit as this is used to calibrate and                   
               standardize the temperature measuring device.  In                      
               the alternative, it would have been obvious to one                     
               of ordinary skill in the art at the time the                           
               invention was made that the circuit of Petry                           
               compares voltages and ratios of voltages which may                     
               exceed a predetermined limit as this is used to                        
               calibrate and standardize the temperature measuring                    
               device.                                                                
               Appellant argues (Amended Brief, pages 12 and 13) that:                
               [T]he Examiner has not shown that Petry teaches or                     
               infers a "means for comparing the first signal                         
               generated by thermocouple 60 to a second signal                        
               generated by thermocouple 67 to generate an error                      
               signal signifying a change in the calibration of one                   
               of said at least two thermocouple junctions as set                     
               forth in claim 12.  In contrast, the temperature                       
               indicating device taught by Petry is responsive to                     
               the difference of the EMF’s generated by the two                       
               thermocouples due to a change in temperature to                        
               change the position of the tap 78 and to generate a                    
               visual display of the temperature being sensed.  In                    
               the temperature indicating device taught by Petry,                     
               it is assumed that EMF’s generated by the                              
               thermocouples 60 and 67 are within calibration and                     
               it would be obvious to one skilled in the art that a                   
               loss of the calibration of thermocouple 60 or 67                       
               would only produce a false temperature reading but                     
               would not signify that one or the other of the                         
               thermocouples 60 or 67 was out of calibration.                         

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