Ex Parte Shaw - Page 2




          Appeal No. 2003-0760                                                         
          Application No. 05/730,221                                                   


               9.  An instrument for cutting, the instrument                           
               comprising:                                                             
               blade-shaped means of said instrument that has an edge                  
               which forms the cutting edge thereof; including                         
               means capable of being heated to elevate the                            
               temperature of the blade-shaped means in the region of                  
               the cutting edge, said means capable of being heated                    
               being in the region of said edge and having a physical                  
               parameter which varies as a function of temperature to                  
               increase power dissipation in response to selective                     
               cooling of regions along said edge for maintaining the                  
               temperature of said edge within said selected                           
               temperature range.                                                      
               The references relied upon by the examiner are:                         
          Meyer                            958,753         May  24, 1910               
          Mitchell et al. (Mitchell)     2,863,036         Dec. 02, 1958               
          Marcoux                        3,414,705         Dec. 03, 1968               
          Hirschhorn                     3,502,080         Mar. 24, 1970               
               Claims 9, 10, 13-16, 19, 20 and 23-26 stand rejected under              
          35 U.S.C. § 103 as unpatentable over Mitchell in view of Marcoux.            
               Claims 11, 12, 17, 18, 21 and 22 stand rejected under 35                
          U.S.C. § 103 as unpatentable over Mitchell in view of Marcoux and            
          Hirschhorn.                                                                  
               Claims 27-30 and 32-37 stand rejected under 35 U.S.C. § 103             
          as being unpatentable over Meyer in view of Marcoux.                         
               The respective positions of the examiner and appellant with             
          regard to the propriety of these rejections are set forth in the             

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