Ex Parte DOLAN et al - Page 6




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

          Analysis                                                                    
               Appellants argue that there is no teaching or suggestion in            
          Froehling as to transmission of a message that will initiate a              
          visible display if the message is successfully processed by the             
          HVAC device (Br7).  It is argued that none of the examples of               
          information gathered by the controller 10 (col. 24, line 54 to              
          col. 25, line 11) appears to have come from or to be prompted by            
          a communication from the head end unit 14 (Br7).  Appellants                
          argue that the statement in Froehling that the data processing              
          units 16 are for "checking and verifying information passed                 
          between the controllers 10 and the headend unit 14" (col. 10,               
          lines 50-52) "does not infer any particular checking and                    
          verifying of a message that would lead to initiating a visible              
          display in the controllers 10" (Br8).                                       
               The Examiner admits that "Froehling does not specifically              
          disclose the claimed network control device sending a message               
          including information for prompting the HVAC device to initiate a           
          visible display on the HVAC device if the message is successfully           
          processed by the HVAC device" (FR3).                                        
               Thus, the Examiner does not dispute that Froehling discloses           
          only a network control device connected to an HVAC device over a            
          communication network and does not disclose or suggest any of the           
          three steps of claim 1 or the structure in the body of claim 21.            


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