Ex Parte DOMEL et al - Page 2




              Appeal No. 2004-1448                                                                                      
              Application No. 09/454,723                                                                                

                                                   BACKGROUND                                                           
                     The disclosed invention relates to a window covering (mini-blind) actuator having                  
              an electric motor powered by a DC battery.  Representative claim 37 is reproduced                         
              below.                                                                                                    
                     37.    A window covering assembly with actuator, comprising:                                       
                            a head rail, a rod rotatably disposed therein, and a window covering                        
                     engaged with the rod for moving the window covering when the rod is rotated,                       
                     the window covering being selected from the group of window coverings                              
                     consisting of: cellular shades, pleated shades, lift and tilt shades, horizontal                   
                     blinds, and vertical blinds;                                                                       
                            at least one electric motor in the head rail and coupled thereto; and                       
                            at least one primary battery supported by the head rail for energizing the                  
                     motor to move the window covering when a control signal is received.                               
                     The examiner relies on the following references:                                                   
              Shopp                              5,274,499                          Dec. 28, 1993                       
              Riordan                            5,552,769                          Sep.  3, 1996                       
                                                                             (filed Mar. 15, 1993)                      
                     Claims 37-40 stand rejected under 35 U.S.C. § 103 as being unpatentable over                       
              Riordan and Shopp.                                                                                        
                     Claims 41-44 have been allowed.  Claims 2-36 have been canceled.                                   
                     The status of instant claim 1 is unclear.  Apparently, both the examiner and                       
              appellants presume that the claim has been canceled.  However, we fail to find any                        
              amendment in the file wrapper canceling claim 1.  The claim appears to be a duplicate                     
              of claim 1 in U.S. Patent 6,060,852, which issued from parent application No.                             
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