Ex Parte Acker - Page 1




            The opinion in support of the decision being entered today was not written 
                   for publication and is not binding precedent of the Board.          

                                                                  Paper No. 13         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                                Ex parte LARRY K. ACKER                                
                                      ____________                                     
                                  Appeal No. 2004-1332                                 
                               Application No. 10/010,691                              
                                      ____________                                     
                                        ON BRIEF                                       
                                      ____________                                     
          Before GARRIS, WARREN, and KRATZ, Administrative Patent Judges.              
          GARRIS, Administrative Patent Judge.                                         



                                   DECISION ON APPEAL                                  
               This is a decision on an appeal from the final rejection of             
          claims 1-13 which are all of the claims in the application.                  
               The subject matter on appeal relates to a demand hot water              
          recirculation system.  With reference to the Appellant’s drawing,            
          the system comprises a hot water source 12, at least one plumbing            
          fixture 18 having a hot water inlet, a conduit 26, 24 for enabling           
          circulation of hot water from the source to the plumbing fixture             
          and return to the hot water source, a pump 30 for circulating hot            
          water through the conduit, a switch 36 for generating control                






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