Ex Parte SUTTERLIN et al - Page 13



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

               With respect to independent claims 1, 3, and 5, each of the            
          claims recites that the sensed data signal is propagated from the           
          first power line without the use of an RF transmitter on the                
          first power line.  However, appellants assert (brief, page 5)               
          that “the present invention accomplishes the same task as West in           
          view of Downey without the use of an RF transmitter by exploiting           
          the unintended and undesirable radio frequency propagation                  
          generated by the high-frequency data signals being transmitted              
          over power lines.”  From this statement of appellants, we find              
          that when transmitting a high frequency data signal over power              
          lines, that an unintended and undesirable radio signal is                   
          propagated, without the use of an RF transmitter.  Appellants               
          further assert (brief, page 6) that “the present invention                  
          relates to a network of power lines where it would be difficult             
          and/or detrimental to directly couple data signals transmitted on           
          one power line onto another power line.  A typical solution to              
          this problem is the use of an RF transmitter, which the present             
          invention eliminates.”  From this statement of appellants, we               
          find that it was typical in the art to solve the problem relating           
          to the difficulty of couple signals from one power line to                  
          another line, by using an RF transmitter.  In addition,                     

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