Ex Parte MORGAN et al - Page 8



                    Appeal No. 2003-2027                                                                                                                                  
                    Application No. 08/804,908                                                                                                                            

                    line 44 through column 4, line 65.  Upon our complete review of                                                                                       
                    Hendricks, we fail to find any teachings directed to a method for                                                                                     
                    analyzing a bi-directional communication path or sending an error                                                                                     
                    message in the forward direction if no response message is                                                                                            
                    received on the return frequency and said power level is greater                                                                                      
                    than the threshold value as recited in Appellants' claims 1 and                                                                                       
                    6.  Furthermore, we fail to find any teaching of means for                                                                                            
                    monitoring said forward frequency for an error message including                                                                                      
                    frequency spectrum, and means for displaying said frequency                                                                                           
                    spectrum as recited in Appellants' claim 11.  Therefore, we will                                                                                      
                    not sustain the Examiner's rejection of claims 1, 6 and 11 under                                                                                      
                    35 U.S.C. § 103.                                                                                                                                      
                                           Rejection of claims 2-5, 7-10 and 12 over                                                                                      
                                                      Hendricks in view of Chappell                                                                                       
                              Appellants argue that Chappell does not provide the                                                                                         
                    teachings missing from Hendricks as pointed out above.                                                                                                
                    Appellants argue that there is no teaching of an error message                                                                                        
                    being sent to remote units in response to the head end unit not                                                                                       
                    finding a response to a sign-on or login message.  See page 9 of                                                                                      
                    the brief.  Appellants further argue that Chappell does not teach                                                                                     
                    means for monitoring said forward frequency for an error message                                                                                      


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