Appeal No. 1999-0348 Page 8
Application No. 08/663,471
primary thermal cut-off device 38 is designed to operate is
dependent upon the activation temperature of the thermally
activated chemical, which as disclosed is approximately 275°C
for permethrin (the only disclosed thermally activated
chemical). Second, the only disclosed material for the
resistance heater wire is nickel-chromium which has a melting
temperature of approximately 1395°C.
It is our determination that the claimed limitation that
the resistance heater wire be comprised of a material having a
melting temperature defining a secondary thermal cut-off
inherently "reads on" Laibow's electrical resistance wiring
for the reasons that follow. Accordingly, we sustain the
examiner's rejection of claim 1. While the exact material and
its melting temperature of Laibow's electrical resistance
wiring has not been specifically disclosed, it is our opinion
that it is inherent that Laibow's electrical resistance wiring
has a melting temperature, and thus, ipso facto, defines a
temperature that will function as a thermal cut-off secondary
to his thermostat-unit 23. While this temperature may be
substantially higher then the activation temperature of the
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