Ex Parte De Lorenzo et al - Page 2




         Appeal No. 2006-1056                                                       
         Application No. 10/606,514                                                 
                                                                                   
         devices, including memory devices, best illustrated by reference           
         to representative independent claim 1, reproduced as follows:              
              1.  An apparatus, comprising:                                         
              a device having a thermal characteristic which is dependent           
         on a number of times the device is accessed over a period of               
         time; and                                                                  
              a controller connected to the device and adapted to control           
         access to the device,                                                      
              wherein the controller is adapted to calculate a temperature          
         estimate of the device and to control access to the device in              
         accordance with the calculated temperature estimate.                       

              The examiner relies on the following reference:                       
              Nizar et al. (Nizar)  6,470,238  Oct. 22, 2002                        
              Claims 1-7, 13-19, and 25-31 stand rejected under 35 U.S.C.           
         § 102(e) as anticipated by Nizar.                                          
              Reference is made to the briefs and answer for the                    
         respective positions of appellants and the examiner.                       
                                      OPINION                                       
              A rejection for anticipation under section 102 requires that          
         the four corners of a single prior art document describe every             
         element of the claimed invention, either expressly or inherently,          









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