Ex Parte ROETKEN et al - Page 3



          Appeal No. 2001-1302                                                         
          Application 08/811,230                                                       

               terminal and the other lead is connected to the low speed               
               terminal.  Thus, the inducer system operates at a low speed             
               when the furnace is vented vertically.  If the furnace is               
               vented horizontally, one lead is connected to the common                
               terminal and the other lead is connected to the high speed              
               terminal.  Thus, the inducer system operates at the higher              
               speed when the furnace is vented horizontally.  This design             
               approach allows, as a further benefit, the avoidance of cost            
               associated with systems available from manufacturers with               
               two-speed/two-stage furnaces.                                           
          A copy of claims 1 through 3 on appeal can be found in the                   
          Appendix to appellants’ brief.                                               
          The sole prior art reference of record relied upon by the                    
          examiner in rejecting the appealed claims is:                                
          Nelson                   4,334,855            Jun. 15, 1982                  
          Claims 1 through 3 stand rejected under 35 U.S.C. § 102(b)                   
          as anticipated by or, in the alternative, under 35 U.S.C.                    
          § 103(a) as obvious over Nelson.                                             
          Rather than attempt to reiterate the examiner's commentary                   
          with regard to the above-noted rejection and the conflicting                 
          viewpoints advanced by the examiner and appellants regarding that            
          rejection, we make reference to the supplemental examiner’s                  
          answer (Paper No. 20, mailed June 20, 2001) for the reasoning in             
          support of the rejection, and to appellants’ brief (Paper No. 15,            
          filed August 17, 2000) and reply brief (Paper No. 17, filed                  
          January 16, 2001) for the arguments thereagainst.                            

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