Ex parte NILSSEN - Page 8




          Appeal No. 96-3090                                         Page 8           
          Application 08/287,409                                                      
          & 3.)  An actuator 24 is mounted on the wall switch and                     
          engages the switch lever.  (Fig. 3.)  The actuator toggles the              
          switch lever to turn the light on and off.  (1:50-61.)                      
               We find that Schneidinger teaches the actuator is                      
          programmable since it has "means to adjust the time cycle".                 
          (6:10-12.)  See " program" in Webster's New Collegiate2                                                          
          Dictionary 912 (1979) (attached) ("2: to work out a sequence                
          of operations to be performed by (a mechanism)").  The                      
          actuator can be set to turn the lights on and off                           
          "intermittently".  (2:1-3.)  We find "intermittently" to                    
          include both repetitive action and periodic action.  See                    
          "intermittent" in Webster's at 598 ("coming and going at                    
          intervals" and "syn INTERMITTENT, RECURRENT, PERIODIC,                      
          ALTERNATE").  We note in support of this finding that                       
          Schneidinger points out that "the timer may be so constructed               
          as to be only actuated once and in its own mechanism (not                   
          shown) to reverse its actuation after a given elapsed time.                 
          Likewise, there may be two or more control dials or settings                
          for control of the timing device."  (3:15-18.)  Two or more                 
          settings implies repeated actuations.  The actuations may also              
          be light-triggered.  (5:8-11.)  If natural light is the                     
          trigger, then the dominant actuation pattern would inherently               







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