Ex Parte Tomioka - Page 2

                Appeal 2007-2374                                                                                
                Application 10/038,545                                                                          
                station equipment by comparing a distance measuring control signal returned                     
                from each of the subscriber units with a  reference value (Figures 1 and 2;                     
                Specification 4, 11 and 21).                                                                    
                       Claim 1 is representative of the claims on appeal, and it reads as                       
                follows:                                                                                        
                       1. An optical subscriber system comprising: station equipment; a                         
                plurality of subscriber units; a transmission line for transmitting trailing                    
                signals from the station equipment to the plurality of subscriber units and                     
                transmitting leading signals from the plurality of subscriber units to the                      
                station equipment; and a star coupler for branching trailing signals and                        
                combining the leading signals,                                                                  
                       the station equipment comprising a transmission line distance                            
                monitor/processor unit which sends a distance measuring control signal to                       
                each of the subscriber units, measures, based on a distance measuring signal                    
                returned from each of the subscriber units, the transmission line distance                      
                between the station equipment and each of the subscriber units, and judges                      
                whether the transmission line distance is larger or smaller than a                              
                predetermined reference value.                                                                  
                       The prior art relied upon by the Examiner in rejecting the claims on                     
                appeal is:                                                                                      
                Effenberger   US 5,930,018    Jul. 27, 1999                                                     
                Tochio   US 6,563,613 B1   May 13, 2003                                                         
                                                                     (filed Dec. 2, 1998)                       
                       The Examiner rejected claims 1 to 12 under 35 U.S.C. § 103(a) based                      
                upon the teachings of Tochio and Effenberger.                                                   
                       Appellant contends that the claims on appeal explicitly require that the                 
                measured values are compared to a predetermined1 reference value, whereas                       


                                                                                                               
                1 A “reference value” is described throughout the disclosure, but a                             
                “predetermined reference value” is not mentioned in the disclosure.                             
                                                       2                                                        

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