Appeal No. 2006-1056
Application No. 10/606,514
Thus, applying the Nizar teaching to the language of instant
claim 1, Nizar clearly describes a device having a thermal
characteristic that is dependent on a number of times the device
is accessed over a period of time. See column 2, lines 1-19, of
Nizar, where it is explained that the device has a thermal
specification and that access rates may cause excessive
temperatures.
A controller connected to the device and adapted to control
access to the device is described in Nizar as component 100 which
may be a controller for a memory device (see column 2, lines
36-50, of Nizar).
Since column 3, lines 10-15, of Nizar describes the
monitoring of temperature and determining that the temperature is
approaching the thermal specification (in our view, the
“determining” step is a calculation step, as broadly claimed),
there is a calculation of a temperature estimate of the device in
Nizar. Further, that calculated temperature estimate, i.e., an
estimate that the temperature is approaching the predetermined
thermal specification, is used to control access to the device
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