Ex Parte Blankenagel - Page 2




          Appeal No. 2003-2126                                                        
          Application No. 10/150,318                                                  


                    3.  An apparatus comprising:                                      
                    at least one battery;                                             
                    a temperature sensor connected to the battery; and                
                    at least one heating component connected to the battery           
               and positioned so that when a current is applied to the at             
               least one heating component the temperature sensor is                  
               heated.                                                                
               The reference set forth below is relied upon by the examiner           
          in the Section 102 rejection before us:                                     
          Melcher                     6,218,805               Apr. 17, 2001           
               All of the appealed claims stand rejected under 35 U.S.C.              
          § 102(e) as being anticipated by Melcher.1                                  
               We refer to the brief and to the answer for a thorough                 
          discussion of the opposing viewpoints expressed by the appellant            
          and by the examiner concerning this rejection.                              
                                       OPINION                                        
               The rejection advanced on this appeal will be sustained for            
          the reasons detailed in the answer.  We add the following                   
          comments for emphasis.                                                      



               1On page 5 of the brief, the appellant states that claims              
          1-13 will stand or fall together.  Accordingly, in assessing                
          the merits of the above noted rejection, we will focus                      
          on representative independent claim 3.  See 37 CFR                          
          § 1.192(c)(7)(2002).                                                        
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