Ex parte DIEKEN - Page 13




          Appeal No. 95-0953                                                          
          Application 07/976,328                                                      

          The meaning of "within" does not appear broad enough to                     
          encompass structure mounted within a wall without undue                     
          straining; for example, it is not clear that a doorway opening              
          to a room is "within" the room.  Therefore, the rejection of                
          claims 1-4, 6-13, and 15-17 over Pfeiffer is reversed.                      
                                     CONCLUSION                                       
               The rejection of claims 1, 9, and 17 over Dufresne is                  
          sustained and the rejection of claims 2, 3, and 10-12 over                  
          Dufresne is reversed.                                                       
               The rejection of 1-4, 6-13, and 15-17 over Pfeiffer is                 
          reversed.                                                                   
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
           1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    






                         JAMES D. THOMAS               )                              
                         Administrative      Patent Judge   )                         
                                                       )                              
                                                       )                              
                                                       )                              
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