Ex Parte DOLAN et al - Page 4




          Appeal No. 2000-1944                                                        
          Application 08/738,157                                                      

               The Examiner relies on the following references:                       
               Froehling et al. (Froehling) 4,497,031  January 29, 1985               
               Dahl et al. (Dahl)            5,233,347    August 3, 1993              
               Claims 1-10 and 21-30 stand rejected under 35 U.S.C.                   
          § 103(a) as being unpatentable over Froehling and Dahl.                     
               We refer to the final rejection (Paper No. 11) (pages                  
          referred to as "FR__") and the examiner's answer (Paper No. 15)             
          (pages referred to as "EA__") for a statement of the Examiner's             
          rejection, and to the appeal brief (Paper No. 14) (pages referred           
          to as "Br__") for a statement of Appellants' arguments                      
          thereagainst.                                                               
                                       OPINION                                        
          The contents of the references                                              
               The contents of Froehling and Dahl are fairly summarized by            
          Appellants (Br4-6).                                                         

          The rejection of the independent claims                                     
               The Examiner reads the "network control device" of claim 1             
          and the "control device" of claim 21 on the head end unit 14 in             
          Froehling and reads the "HVAC devices" in claims 1 and 21 on the            
          controllers 10 and any devices downstream therefrom.  Thus, the             
          Examiner finds that Froehling discloses a "network control                  
          device" or "control device" (head end unit 14) that sends                   
          "messages" (related to "demand load control," col. 10,                      
          lines 42-46) over a "communication network" (shown in figure 1)             

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