Ex parte HOLLAND - Page 18




                Appeal No. 96-3833                                                                                                            
                ApplicationApplication 08/014,320                                                                                                       


                is advantageously self-regulating without the need of a separate                                                              
                thermostatic control.   Such a teaching alone would have been6                                                                                          
                ample motivation for one of ordinary skill in the art to                                                                      
                substitute Bronnvall’s PTC heating element for VanSickle’s                                                                    
                thermostatically controlled heating element. Additionally, as                                                                 
                also noted supra, the advantages and disadvantages of a PTC                                                                   
                heater and a heater with a separate thermostatic control, such as                                                             
                VanSickle’s heater are well known, making the selection of one or                                                             
                the other for a particular installation a matter of choice or                                                                 
                engineering design. See In re Heinrich, 268 F.2d at 756, 122 USPQ                                                             
                at 390.                                                                                                                       
                         The Waseleski patent expressly teaches the provision of a                                                            
                self-regulating PTC strip heating element 3 for heating a wiper                                                               
                blade. This patent, it should be noted, is not relied upon for                                                                
                teaching a PTC heating element corresponding to the claimed                                                                   
                details of appellant’s PTC heating element.  Instead, this                                                                    
                reference is relied upon for its express suggestion of                                                                        
                eliminating the separate thermostatic control in a conventional                                                               
                thermostatically controlled wiper blade heating element by                                                                    


                         6   Since appellant has not expressly stated that the plate-shaped                                                   
                heating element disclosed in his specification (see page 7 thereof) is prior                                                  
                art, but only the plate-shaped heating element is “available through                                                          
                Thermacon, Inc.” (specification, page 7), we have not relied upon the                                                         
                Thermacon heating element in support of our rejection.                                                                        
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