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. -2-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007