Ex Parte Howard et al - Page 2



          Appeal No. 2005-1540                                                        
          Application No. 09/887,626                                                  

          1.   A curtailment module for enabling an energy provider to send           
          a request to curtail energy use to a user, the curtailment module           
          comprising:                                                                 
               an interface for electronic communications with a                      
                    temperature control device;                                       
               a paging module for receiving the request from the energy              
                    provider through a paging network;                                
               a processor in electronic communication with the paging                
                    module for receiving the request from the paging                  
                    module; and                                                       
               memory in electronic communication with the processor, the             
                    memory storing history data, and the memory being                 
                    programmed with verification instructions to generate a           
                    verification code to be used by a user to manually                
                    verify whether the request was followed, wherein the              
                    history data is not the same as the verification code.            
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Von Kohorn                    5,128,752           Jul. 07, 1992             
          Hunter                        5,243,654           Sep. 07, 1993             
          Glorioso et al. (Glorioso)    5,926,776           Jul. 20, 1999             
               Claims 1 through 26 stand rejected under 35 U.S.C. § 103 as            
          being unpatentable over Glorioso in view of Von Kohorn and                  
          Hunter.                                                                     
               Reference is made to the Examiner's Answer (Paper No. 13,              
          mailed May 6, 2004) for the examiner's complete reasoning in                
          support of the rejections, and to appellants' Brief (Paper                  

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