Appeal No. 2006-1056
Application No. 10/606,514
such that a person of ordinary skill in the art could practice
the invention without undue experimentation. In re Paulsen, 30
F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
With regard to independent claim 1, the examiner applies
Nizar to the claimed subject matter as follows:
Column 12, lines 8-44, for “a device having a thermal
characteristic which is dependent on a number of times the device
is accessed over a period of time.”
Column 11, line 52, through column 12, line 2, and Figures
1a or 2A for “a controller connected to the device and adapted to
control access to the device.”
Column 11, line 52, through column 12, line 2 for “wherein
the controller is adapted to calculate a temperature estimate of
the device and to control access to the device in accordance with
the calculated temperature estimate.”
Appellants argue that Nizar fails to teach or suggest the
features related to calculating a temperature estimate of the
device and controlling access to the device in accordance with
the calculated temperature estimate. In particular, appellants
contend that the cited portion of Nizar (column 11-column 12) is
3
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