Ex Parte SUTTERLIN et al - Page 6



          Appeal No. 2002-1318                                                        
          Application No. 08/693,662                                                  

          the power line of the first branch as an aerial antenna to                  
          radiate data signals to the second branch, and vice versa.”  To             
          overcome these deficiencies in West, the examiner turns to Downey           
          for teaching of a communication system using a power line as a              
          communications medium.  The examiner asserts (id.) that it would            
          have been obvious to have modified the network of West to                   
          communicate over existing power lines to reduce cost.  The                  
          examiner additionally asserts (id.) that Dockery teaches that a             
          power line used as a communication medium in a communication                
          system may also be used as an aerial antenna.  The examiner                 
          argues (answer, pages 4 and 5) that it would have been obvious to           
          incorporate the teaching of Dockery into the communication system           
          of West in view of Downey, so as to eliminate redundant RF                  
          transmitters and antenna of West/Downey to reduce the hardware              
          complexity and cost.                                                        
               Appellants do not dispute the combinability of West and                
          Downey, and admit (brief, page 4)that "[a]pplicants concede that            
          West in view of Downey suggests a communication system wherein              
          data is transmitted between separate communication mediums                  
          comprised of power lines."  Rather, appellants assert (id.) that            
          neither of these references teach the sensing of data from a                
          communications medium without the use of an RF transmitter.  It             
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