Ex Parte Rogers - Page 4




          Appeal No. 2002-1210                                                         
          Application No. 09/483,018                                                   


                                       OPINION                                         
               With respect to the rejection of claims 1-4, 6-11, 13, 14               
          and 18-22, Appellant argues that Lyon, by using equalizer 96 in              
          connection with balanced drivers, teaches away from using                    
          balanced differential drivers and receivers in a chassis                     
          environment (brief, page 7).  Appellant further points out that              
          Lyon’s use of an equalizer is indicative of a large system which             
          requires cabling over varying distances between shelves or                   
          equipment racks (id.).  Additionally, Appellant argues that the              
          teachings of Hughes related to balanced audio signals fails to               
          provide adequate motivation to use the equalized, balanced                   
          differential signal of the large system of Lyon in combination               
          with Petit, Hughes and Fukuda (brief, page 8).                               
               In response to Appellant’s arguments, the Examiner asserts              
          that neither the claims exclude the use of a equalizer nor Lyon’s            
          use of an equalizer in a multi-shelf/rack system teaches away                
          from the combination (answer, page 7).  The Examiner reasons that            
          since Petit also mentions multiple shelves and racks (col. 10,               
          lines 60-68), the use of an equalizer does not teach away from               
          the combination (id.).  Additionally, the Examiner relies on the             
          desirability of having balanced audio signals in Hughes (col. 4,             
          lines 14-17) and the high speed signaling in Petit (col. 1, lines            

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