Ex Parte Dichter - Page 9




                 Appeal No. 2003-0189                                                                                
                 Application No. 09/627,892                                                                          

                 not find motivation to combine Bell and Rosen et al. such that only one node in                     
                 the network is connected to a power source and the other nodes receive power                        
                 over the telephone lines.  Thus, we find that if a person of ordinary skill in the art              
                 were to apply the teachings of Rosen et al. to a computer network, such as that                     
                 taught by Bell, the combination would not yield the claimed device but rather a                     
                 network where each computer in the network has an associated CIU that is                            
                 connected to a power source and  transmits RF power.                                                
                        Finally we turn to the rejection of claims 11, 14-15 under 35 U.S.C § 103                    
                 as being as being unpatentable over Bell in view of Rosen et al. and Hutchison                      
                 et al.   These claims are ultimately dependent upon claim 103 and as such                           
                 include the limitation of a “only one node connected to a power supply, said                        
                 other nodes receiving power over said telephone wires.”   On page 4 of the                          
                 answer, the examiner, states that Hutcheson et al. is relied upon to teach the                      
                 limitations of  “networking among the nodes”  The examiner has not shown that                       
                 Hutchison et al. teaches the limitation of only one node connected to a power                       
                 supply.  Accordingly, we will not sustain the rejection of claim 11 and 14-15                       
                 under 35 U.S.C § 103, as it contains the same deficiencies as noted in the                          
                 rejection of claims 10 under 35 U.S.C § 103.                                                        



                                                                                                                     
                 3 Claim 14 is dependent upon canceled claim 13, however since claim 10 is the only                  
                 independent claim pending in the application is assumed that claim 14 is meant to be                
                 ultimately dependent upon claim 10.                                                                 

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