Ex Parte Acker - Page 2




                    Appeal No. 2004-1332                                                                                                                                  
                    Application No. 10/010,691                                                                                                                            


                    signals and a controller 40, responsive to a plurality of control                                                                                     
                    signals, for activating the pump based on a statistical analysis of                                                                                   
                    control signal timing.  This appealed subject matter is adequately                                                                                    
                    represented by independent claim 1 which reads as follows:                                                                                            
                              1.  A demand hot water recirculation system comprising:                                                                                     
                              a hot water source;                                                                                                                         
                              at least one plumbing fixture having a hot water inlet;                                                                                     
                              a conduit, in fluid communication with said hot water source                                                                                
                    and the plumbing fixture hot water inlet, for enabling circulation                                                                                    
                    of hot water from said hot water source to the plumbing future                                                                                        
                    [sic, fixture] and return to said hot water source;                                                                                                   
                              a pump for circulating hot water through the conduit;                                                                                       
                              a switch for generating control signals; and                                                                                                
                              a controller, responsive to a pluralilty of control signals,                                                                                
                    for activating said pump based on a statistical analysis of control                                                                                   
                    signal timing.                                                                                                                                        
                              The references set forth below are relied upon by the Examiner                                                                              
                    as evidence of obviousness:                                                                                                                           
                    Barrett et al. (Barrett)                                   4,870,986                               Oct. 3, 1989                                       
                    Houlihan                                                   5,775,372                               July 7, 1998                                       









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