Appeal No. 1998-2932
Application No. 08/603,680
communication capability which is considered two-way “as information is gathered from
sensors, compiled and acted upon by the sending of signals to various power-consuming
loads. We do not view the sending of signals to loads, wherein the signals are derived
from processing signals from sensors, as “bidirectional communication” or as constituting
“digital communication circuitry” as claimed. Any signals in Sagues are not considered as
constituting communication “messages” which are sent and received over the bidirectional
communication path as in the claimed invention. Neither Cruickshank nor Tomita are of
any help in this regard.
Accordingly, we will not sustain the rejection of claims 6 and 7 under 35 U.S.C.
§ 103.
With regard to independent claim 5, we take the opposite view and will sustain the
rejection of claim 5 under 35 U.S.C. § 103.
The examiner employs Sagues, alone, to reject claim 5 under 35 U.S.C. § 103.
Specifically, the examiner sets forth, at pages 7-8 of the final rejection (Paper No. 10, Dec.
10, 1996) how each claimed element is considered to correspond to an element in
Sagues. The only difference between the claimed subject matter and that disclosed by
Sagues, as the examiner sees it, is that Sagues does not specifically disclose that
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