Ex Parte Howard et al - Page 1



               The opinion in support of the decision being entered today             
               was not written for publication and is not binding                     
               precedent of the Board.                                                
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                 Ex parte MICHAEL L. HOWARD and WILLIAM R. HARPER JR.                 
                                     ____________                                     
                                 Appeal No. 2005-1540                                 
                              Application No. 09/887,626                              
                                     ____________                                     
                                       ON BRIEF1                                      
                                     ____________                                     
          Before BARRETT, GROSS, and BARRY, Administrative Patent Judges.             
          GROSS, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1 through 26, which are all of the claims               
          pending in this application.                                                
               Appellants' invention relates to a module and method for               
          enabling an energy provider to send a request to an energy user             
          to curtail energy use.  Claim 1 is illustrative of the claimed              
          invention, and it reads as follows:                                         


               1  We note that the hearing scheduled for August 11, 2005, was waived by
          appellants.                                                                 




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