Appeal No. 2002-1318
Application No. 08/693,662
the power lines at 132kHz are transmitted by an RF transmitter.
Thus, even though the 132kHz signal sensed by RF receivers 124
and 125 is propagated across the power lines without the use of
an RF transmitter at the first power line, we find that the
propagated signal received by RF receivers 24 and 25 results from
a signal transmitted on a power line by an RF transmitter.
Accordingly, we find that the statement in the claims "without
the use (using) an RF transmitter coupled to the first power
line" to be misdescriptive of the invention. In other words,
even though the unintended signal propagated accross the power
lines and sensed by RF receivers 124 and 125, is not itself
transmitted by an RF transmitter, the propagated signal results
from the transmission of a signal on the power line by an RF
transmitter. Since an RF transmitter is used to transmit a
signal on the power lines that produces the signal that is
propagated across the power lines, the claimed recitation that
there is no RF transmitter on the first power line is
misdescriptive of the invention, making the metes and bounds of
the claims indefinite.
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