Ex parte CLARKE et al. - Page 6




               Appeal No. 96-3628                                                                                                      
               Application 08/050,029                                                                                                  


                   networks and vice versa, Husbands discloses in the background section that both passive                             
                   and active networks, as well as hybrids, were known in the art and artisans were familiar                           
                   with how certain features of each might be combined.                                                                
                           The problem, as we see it, is that Husbands is directed to collision detection in                           
                   fiber optic systems.  Both the prior art described in Figures 1-3 of Husbands and                                   
                   Husbands’ Figure 4 inventive embodiment are directed to such collision detection.  Thus,                            
                   to whatever extent Husbands’ array of transmitters and receivers may be arranged similar                            
                   to those in the instant claimed invention, the question arises as to why the artisan would                          
                   have taken this arrangement and placed it in the system of Ballance.  The examiner                                  
                   contends that the artisan would have been led to do this in order to increase the number of                         
                   networks that may be served, i.e., to increase the number of end users.  However,                                   
                   Ballance already discloses a way to increase service to a greater number of end users and                           
                   that is to employ splitters in order to split signals from a single optical fiber network.                          
                   Thus, Ballance already discloses a solution to the problem of an increasing number of end                           
                   users and we find no suggestion which would have led the artisan to do away with the                                
                   splitters of Ballance and employ, instead, a plurality of optical fiber networks.  Certainly,                       
                   Husbands does not suggest a plurality of optical fiber networks connected to a single                               
                   head-end for the purpose of serving an increasing number of end users.  We simply find no                           
                   incentive for the skilled artisan to have looked to Husbands for a suggestion to somehow                            
                   modify Ballance in order to provide a single head-end station connected to a plurality of                           
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