Ex Parte HIRST - Page 4




              Appeal No. 2000-0946                                                                  Page 4                
              Application No. 08/704,217                                                                                  


                            the rate of change of temperature would proportionately                                       
                            increase [final rejection, page 3].                                                           
                     Although the rejections before us are obviousness rejections under 35 U.S.C.    §                    
              103(a), the examiner’s position appears to be that all of the limitations of claim 1 are                    
              met by each of the applied patents.  The examiner’s statements on pages 4 and 5 of                          
              the answer to the effect that the rate of change in heating element temperature sensed                      
              by Tamura and Oishi is proportional to the input voltage over the heating element clarify                   
              that the examiner has determined that the limitation “said voltage being proportional to                    
              said rate of change” in claim 1 is met by each of Tamura and Oishi.                                         
                     Tamura discloses a current controller for a resistive heating element wherein a                      
              sensing current generator 6 supplies a sensing current IS to the heating element 2 for                      
              use by the resistance measuring means 8 in measuring the resistance (and hence the                          
              temperature) of the heating element.  As explained in column 9, line 16, through column                     
              10, line 68, upon initialization of the controller, prior to a calibration phase, the                       
              controller measures the slope of the resistance measurements as a function of time                          
              using a slope detection circuit 174 to determine whether the heating element is at                          
              ambient temperature.  Once the resistance of the heating element at ambient                                 
              temperature has been determined and stored and the controller calibrated to precisely                       
              ascertain temperature from measured resistance in accordance with equation (1) in                           
              column 2 of Tamura, a heating current supply 4 supplies a heating current IH to the                         
              heating element to raise the temperature of the heating element.  Periodically, the                         







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