Ex Parte Askeland et al - Page 5

               Appeal 2007-0960                                                                             
               Application 10/066,529                                                                       
                                                                                                           
               assembly; (2) a thermal response model of the printhead assembly; and (3)                    
               an ejection history of the ejection elements as claimed?                                     
                      (2) Have Appellants successfully rebutted the Examiner’s prima facie                  
               case of obviousness for claims 4-11, 21, 22, 25, 28, 30, and 32?                             

                                          FINDINGS OF FACT                                                  
                      At the outset, we note that the Examiner’s findings regarding the                     
               specific teachings of the cited references (Answer 3-6) are not in dispute                   
               except with respect to the limitations of the independent claims noted above.                
               Accordingly, we will adopt the Examiner’s factual findings regarding the                     
               cited references as they pertain to the undisputed claim limitations.                        
                      Smith discloses a thermal inkjet printhead temperature control system                 
               that provides temperature compensation in part by measuring the                              
               temperature of the printhead.  In one embodiment, a temperature sensor TS,                   
               such as a thermistor, is placed on the printhead.  The output of the thermistor              
               is connected to microprocessor 2 and is used to achieve “a close estimate” of                
               the printhead temperature.  The estimated temperature can, in turn, be used                  
               to control the printhead temperature (Smith, col. 4, ll. 32-52; col. 1, ll. 62-              
               64; Figs. 1, 2A-2B).  In addition, thermal models of the pens or printheads                  
               are used in conjunction with the temperature sensors as well as the nozzles’                 
               use profiles to provide information useful in controlling printhead                          
               temperature (Smith, col. 1, l. 64 - col. 2, l. 25; col. 4, ll. 52-63).                       

                                          PRINCIPLES OF LAW                                                 
                      Anticipation is established only when a single prior art reference                    
               discloses, expressly or under the principles of inherency, each and every                    

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