Appeal 2007-1326
Application 10/237,067
1 step in complexity and capability to go from yes vs. no or one-word answers
2 (Ireland) to being able to answer in complete sentences (present invention).
3 (Appeal Br. 10-13; Reply Br. 7-9).
4 The Appellants go on to argue that Young can not simply provide an output
5 signal, similar to the received signal, on a return path from the engine because the
6 Young engine is not capable of signal transmission using the difference between
7 earth ground and track potential as used for the received signal. That is, the engine
8 does not have access to the earth ground because it is floating on the track.
9 Moreover, even assuming arguendo that the engine of Young could somehow be
10 connected to earth ground, the Appellants contend that output signaling back to the
11 base unit would be subject to a myriad of obstacles such as interference with the
12 existing electromagnetic field used for the incoming signals to the trains and the
13 inherent limitations of RF signaling in relation to a moving engine. (Appeal Br.
14 13-14; Reply Br. 9-12).
15 Thus, the Appellants conclude that Young does not enable how one would
16 effect such a bi-directional scheme using electromagnetic signaling, and that
17 neither Young nor Ireland suggest any possible means by which to overcome such
18 obstacles and utilize the same electromagnetic incoming signal as an outgoing
19 signal from the engine. (Appeal Br. 14).
20 The Appellants then present a list of unexpected results, purporting to evidence
21 non-obviousness, e.g., an engine can transmit a packet at any time and not just
22 when the power signal has been interrupted. This means an engine can talk
23 directly to another engine (or other device). A corollary to this is that two devices
24 in the present invention can perform bi-directional communications in the absence
25 of a traditional power signal. Further, any object in the present invention equipped
7
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