Ex Parte Shaw - Page 3




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


          examiner’s answer (Paper No. 21) and the appellant’s brief and               
          reply brief (Paper Nos. 20 and 22, respectively).                            
          Appellant’s Invention                                                        
               The invention is adequately described on pages 1 and 2 of               
          appellant’s brief under the heading “Statement of the Invention”.            
          The Rejection under 35 U.S.C. § 103                                          
          of Claims 9, 10, 13-16, 19, 20 and 23-26                                     
               The examiner contends that motivation to substitute the                 
          electric heating system of Marcoux, which utilizes material                  
          having a positive temperature coefficient, for the electric                  
          heating system of Mitchell, which utilizes heater and a rheostat,            
          is to avoid the disadvantages of a thermostat.  According to the             
          examiner, these disadvantages are temperature fluctuation and a              
          relatively short life of the device.                                         
               Appellant submits that there is no suggestion from the                  
          references which justifies a combination thereof.  Appellant                 
          argues that the examiner’s position presupposes that the prior               
          art suggested a need for or desirability of a cutting blade                  
          maintained at a constant elevated temperature and that nowhere in            
          the references can such a suggestion be found.                               



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