Appeal No. 96-3090 Page 2
Application 08/287,409
Appellant entitled his application "Programmable wall
switch actuator/timer". (Paper 1.) According to the
abstract, this "actuator/timer unit can easily be mounted
directly to the outside of the face plate of a standard wall
switch [and] can be programmed to operate the lever of a wall
switch in accordance with a program that automatically repeats
on a diurnal, weekly or other cyclical basis." Claim 50 is
representative of the claim subject matter (Paper 28):
50. An arrangement comprising:
a wall switch having a face plate and a
switch lever protruding through an aperture in the
face plate; the face plate being of ordinary size
and shape; and
a programmable actuator mounted onto the
wall switch in engagement with the switch lever; the
programmable actuator being further characterized by
causing repetitive and periodic reciprocating
movement of the switch lever in accordance with a
pre-established program.
REJECTIONS
The examiner rejected claims 44-65 under 35 U.S.C.
§ 112[1] as lacking a basis in the specification. The
examiner also objected to the specification on the same basis.
(Paper 29 at 2.) The examiner rejected claims 44-49 under2
2 The examiner failed to repeat this ground of
rejection in his answer (Paper 32 at 2-3), but did defend the
rejection in his response to Appellant's argument (Paper 32
at 6).
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