Ex Parte MORGAN et al - Page 10



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

                    measured signal levels received from the head end test unit and                                                                                       
                    the signal levels the remote test unit measures, the remote test                                                                                      
                    unit determines the frequency response of the CATV system.                                                                                            
                    See Chappell, column 2, line 58 through column 3, line 17.  We                                                                                        
                    fail to find that Chappell teaches sending an error message in                                                                                        
                    the forward direction if no response message is received on said                                                                                      
                    return frequency and said power level is greater than a threshold                                                                                     
                    value.  Furthermore, we fail to find that Chappell teaches means                                                                                      
                    for monitoring said forward frequency for an error message                                                                                            
                    including a frequency spectrum and means for displaying said                                                                                          
                    frequency spectrum.                                                                                                                                   














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