Ex Parte Wolf et al - Page 18

            Appeal 2007-1326                                                                                  
            Application 10/237,067                                                                            

        1   communicates with said track interface unit, said communication circuit being                     
        2   configured to receive an input communication signal generated without                             
        3   manipulation of said power signal (FF   12).                                                      
        4       As the Examiner found, Ireland describes a system with one or more model                      
        5   trains, which receives a power signal via contact with a model train track rail; a                
        6   track interface unit for bi-directional communication with said one or more model                 
        7   trains; and a communication circuit installed in said one or more model trains that               
        8   communicates with said track interface unit in a bi-directional manner, the                       
        9   communication circuit communicating to the track interface unit information                       
       10   regarding a current state of said one or more model trains, said communication                    
       11   circuit being configured to (i) receive an input communication signal and                         
       12   (ii) transmit an output communication signal (FF 05).                                             
       13       We will point out that although claim 106 recites that the current speed is                   
       14   communicated, the Examiner’s findings are that it is the current state that is                    
       15   communicated by Ireland (FF 04 & 05).  The Appellants have not included this                      
       16   difference among their contentions in either their Appeal Brief or Reply Brief, but               
       17   we will nevertheless further note that the principal function of the controller in                
       18   both Ireland and Young is to control speed, and therefore, one of ordinary skill                  
       19   would have immediately envisaged speed as the prototypical exemplar of the state                  
       20   communicated by Ireland.                                                                          
       21       Certainly, on its face, Ireland provides several reasons that a person of ordinary            
       22   skill would have desired bi-directional communication, e.g. to read the locations of              
       23   rolling stock and to read the state of locomotives (FF 03 & 04).  These reasons                   
       24   would have applied with equal force to the model railroad in Young.                               


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