Ex Parte Blankenagel - Page 3



                 Appeal No. 2006-0512                                                                                  Page 3                      
                 Application No. 10/150,318                                                                                                        
                         The references set forth below are relied upon by the                                                                     
                 examiner in the § 102 and § 103 rejections before us:                                                                             
                 Braun                             5,508,126                                   Apr. 16, 1996                                       
                 Kelly                             5,795,664                                   Aug. 18, 1998                                       
                         Claims 1-13 are rejected under 35 U.S.C. § 102(e) as being                                                                
                 anticipated by Kelly, and claim 7 is rejected under 35 U.S.C.                                                                     
                 § 103(a) as being unpatentable over Kelly in view of Braun.                                           1                           
                         We refer to the brief and to the answer respectively for a                                                                
                 complete exposition of the opposing view points expressed by the                                                                  
                 appellant and by the examiner concerning the above noted                                                                          
                 rejections.                                                                                                                       
                                                                  OPINION                                                                          
                         For the reasons set forth in the answer and below, we will                                                                
                 sustain each of the above noted rejections.                                                                                       
                         As correctly explained by the examiner, the rechargeable                                                                  
                 battery system of Kelly includes at least one battery, a                                                                          
                 temperature varying element (cf., the here claimed component), a                                                                  
                 temperature senor, and a control circuit (cf., the here claimed                                                                   
                 external test equipment) which is coupled to and measures the                                                                     
                 temperature response of the temperature sensor as current is                                                                      

                         1Apparently, the examiner has intentionally rejected claim                                                                
                 7 alternatively under § 102 and § 103.                                                                                            





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