Appeal 2007-2258
Application 09/738,054
(FF 7). Additionally, we note that Appellant’s Specification acknowledges
that protocols such as ATM and TCP/IP are known protocols and even
admits that their conversion using a PBX converter is known by the skilled
artisan (Specification ¶ linking pp. 8 & 9 and pp. 10 & 11).
We also remain unconvinced by Appellant’s argument that the
references cannot be properly combined since no teaching is cited to show
that existing telephone wires may accept and convert incoming
communications of different protocol (Br. 8). We disagree. Goodman does
teach that telephone wirings are used as the conductive path of a computer
LAN (FF 2) with the appropriate type of protocol conversion (FF 3). In
other words, one of ordinary skill in the art would have used the specific
protocol conversion of Chau in combination with the wiring system and the
conversion or demarcation unit taught by Goodman in order to benefit from
its flexibility (FF 1-2).
CONCLUSION OF LAW
On the record before us, it follows that in this case Appellant has not
shown that the Examiner erred in rejecting claim 1 under 35 U.S.C. § 103
over Goodman and Chau. Since Appellant’s arguments focus on the
patentability of claim 1 with no additional arguments for the rejection of
dependent claim 3 (Br. 5-8), claim 3 falls with claim 1.
DECISION
The decision of the Examiner rejecting claims 1 and 3 under
35 U.S.C. § 103 is affirmed.
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