Appeal No. 2003-2126
Application No. 10/150,318
It is undisputed that the Melcher apparatus includes a
battery having a temperature sensor connected thereto. The point
of contention on this appeal is whether patentee’s apparatus
includes a component which heats the temperature sensor as
required by the appealed claims.
According to the examiner, Melcher’s resistor 25 (e.g., see
figure 3 and the disclosure relating thereto) would necessarily
and inherently produce heat to thereby heat the temperature
sensor. In support of his contrary view, the appellant points
out that patentee’s resistor 25 is disclosed as a low resistance
shunt resistor and argues that “[c]urrent through such a low
resistance shunt resistor would not affect the temperature
sensor” (brief, page 8). This argument is not well taken.
As correctly indicated by the examiner (e.g., see page 6 of
the answer), the here claimed component, like component 25 in
Melcher, comprises a resistor (e.g., see appealed claims 5 and 6)
and is disclosed as comprising any component having a non-zero
resistance (e.g., see lines 1-2 on specification page 10). Thus,
the fact that patentee’s component 25 comprises a low resistance
shunt resistor does not militate against the examiner’s
anticipation finding as argued by the appellant. Instead, this
finding is supported by the appellant’s aforementioned disclosure
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