Ex Parte Zeller - Page 21



                    Appeal No. 2004-1137                                                                                                                                  
                    Application No. 09/734506                                                                                                                             

                    thermostat normally operates over a small temperature range from                                                                                      
                    slightly above the set point temperature (e.g., 2 degrees above)                                                                                      
                    to slightly below the set point temperature (e.g., 1 degree                                                                                           
                    below).  That is, if the thermostat in Gillard were set to                                                                                            
                    maintain a temperature of 35º F in the sample chamber (13), then                                                                                      
                    it would actually allow an initial internal mean temperature of                                                                                       
                    approximately 37º F to exist before turning on the refrigeration                                                                                      
                    unit (43) to cool the sample chamber, and then continue to allow                                                                                      
                    cooling of the sample chamber until a lower internal temperature                                                                                      
                    of approximately 34º F is reached before shutting the                                                                                                 
                    refrigeration unit off.  Whereupon the sample chamber would be                                                                                        
                    allowed to again rise in temperature to an initial internal mean                                                                                      
                    temperature of approximately 37º F before the refrigeration unit                                                                                      
                    (43) is again turned on to cool the sample chamber to the set                                                                                         
                    point temperature.  This type of operation is generally explained                                                                                     
                    at page 3, lines 39-75, of Gillard.                                                                                                                   

                    Moreover, if a different set point temperature were desired                                                                                           
                    in sample chamber (13), e.g., 37º F, then that would result in an                                                                                     
                    adjustment of the initial internal mean temperature in the sample                                                                                     
                    chamber to a value of approximately 39º F, instead of the earlier                                                                                     
                    value of approximately 37º F, before the refrigeration unit is                                                                                        
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