Ex Parte HIRST - Page 5




              Appeal No. 2000-0946                                                                  Page 5                
              Application No. 08/704,217                                                                                  


              heating current supply IH is cut off from the heating element and the sensing current IS                    
              is supplied to the heating element so that the resistance measuring means can                               
              measure the resistance to determine whether the desired heating element temperature                         
              has been reached.                                                                                           
                     Appellant does not challenge the examiner’s findings that Tamura discloses a                         
              heating element, means for sensing temperature of the heating element and a                                 
              controller means for measuring a rate of change in temperature of the heating element                       
              through the means for sensing temperature (see brief, pages 10 and 11).  However,                           
              appellant contends that, because Tamura “fails to teach or suggest the rate of                              
              temperature change is detected while the power is active, as required in claim 1,” the                      
              examiner’s rejection is improper (brief, page 11).  This characterization of Tamura is, of                  
              course, inaccurate, as the rate of change of resistance (temperature) is determined                         
              while the sensing current generator 6 supplies sensing current IS to the heating                            
              element, that is, while the power is active.  Further, the examiner’s determination that                    
              the rate of change sensed by Tamura’s slope detection circuit is proportional to the                        
              input voltage applied across the heating element during the supply of sensing current IS                    
              thereto appears reasonable on its face and has not specifically been challenged by                          
              appellant.                                                                                                  
                     Appellant’s argument (brief, page 11) that Tamura fails to teach or suggest that,                    
              by measuring the rate of temperature change of the heating element while the power                          








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