Appeal No. 1999-0348 Page 9
Application No. 08/663,471
thermostat-unit 23 (i.e., primary cut-off), this is equally
true of the appellants' device wherein the melting temperature
of 1395°C of the resistance heater wire is substantially
higher than the activation temperature of the primary cut-off
(i.e., about 275°C). In addition, it is our view that an
artisan in applying the appellants submitted definition of
"thermal cut-off" to their device would determine the safe
value temperature to be somewhat higher than the activation
temperature of the thermally activated chemical (i.e.,
approximately 275°C for permethrin) and the activation
temperature of the primary thermal cut-off. Therefore, the
melting temperature of 1395°C disclosed by the appellants for
the resistance heater wire functions as a thermal cut-off
since 1395°C exceeds the safe value temperature (i.e.,
somewhat higher than 275°C). In the same fashion, it is
apparent that the melting temperature of Laibow's electrical
resistance wiring would exceed the safe value temperature of
Laibow's electrical heater assembly (i.e., a temperature
slightly higher than the activation temperature of the
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