Appeal No. 2005-0646 Page 5
Application No. 10/278,184
examiner also responds that the resistor of Lee has the same
resistance, the same substrate and the same dimensions as the
disclosed and claimed heater. The examiner points out that using
well known formulas for calculating power density, the resistor
of Lee would meet the claimed heat density recitations when
operating from 3 volts to about 600 volts. Thus, the examiner
points out that since Lee discloses the same materials and
dimensions as appellants do in their specification, the resistor
in Lee must operate in the same manner as the claimed invention
[answer, pages 5-9]. Appellants respond by essentially repeating
the arguments made in the main brief [reply brief].
We will sustain the examiner’s rejection of
representative claim 15 for essentially the reasons argued by the
examiner in the answer. First, we agree with the examiner that
appellants cannot distinguish their product from the structure
disclosed in Lee by calling their product a heater. As noted by
the examiner, any conventional resistor will produce heat as an
energy loss. Thus, the resistor of Lee will generate heat and,
is therefore, technically a heater. Second, the examiner has
demonstrated that Lee teaches a process of manufacturing a
product that uses the same materials disclosed by appellants, has
dimensions that fall within the claimed range, and would
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