Ex Parte LUDWIG et al - Page 8



          Appeal No. 2003-0663                                                        
          Application No. 09/072,549                                                  

          signals (abstract, line 5-signaling signals), an unshielded                 
          twisted pair of wires (telephone wire) defining a UTP                       
          communication path (column 20, lines 20+)1 arranged for video-              
          signal transportation, wherein the system is configured to                  
          multiplex analog video signals with digital controls (lines 19-             
          27)2 and to transmit the multiplexed signals along the UTP                  
          communication path, etc.                                                    
               The examiner indicates that Verhoeckx does not teach the UTP           
          wire being included as part of a computer network, but that                 
          Verhoeckx does teach using the existing UTP wire of a telephone             
          network.  The examiner then contends that the claimed “computer             
          network” is a “merely nominal recitation” and that there is no              
          “functional relationship tying the elements of the claims to the            
          ‘computer network’” (answer-page 5).  The examiner concludes that           
          the recited elements would function exactly the same way over a             
          UTP path separate from that of a “computer network” and that                
          integrating the video UTP with an existing UTP computer network             
          path would have been “a matter of economic” (answer-page 5) and             

               1We note that while the examiner refers to column “20,” the            
          reference has only 12 columns.                                              
               2 We note that the examiner refers to lines “19-27" but does           
          not identify any particular column of the reference.                        
                                         -8–                                          




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