Ex parte FARRINGTON et al. - Page 7




          Appeal No. 95-4135                                                          
          Application 07/772,998                                                      


          (58) for control of loads," and bidirectional communication via             
          the transceiver, but we also agree with the appellants' argument            
          (Brief, page 12) that "[t]here is no teaching whatsoever in                 
          Miller of a circuit breaker having a decoding means for decoding            
          a designated coded signal and returning a response signal, as               
          claimed in the present application."                                        
                    The examiner's contentions (Answer, pages 8 and 9) to             
          the contrary notwithstanding, there is no evidence in Hedman that           
          lines 46 and 46' carry signals to and from the circuit breakers.            
          We agree with appellants' argument (Brief, page 13) that "lines             
          46 and 46' represent power lines and having [sic, have] nothing             
          to do with data communication (column 4, lines 52-59 of Hedman)."           
                    Wilson discloses optical coupling in circuit breakers             
          (columns 19 and 20), but not in the manner set forth in the                 
          claims on appeal.                                                           
                    In summary, we agree with the appellants' argument                
          (Brief, page 16 and 17) that the applied references neither teach           
          nor would they have suggested to the skilled artisan the claimed            
          invention, that the examiner has resorted to hindsight to                   
          reconstruct the claimed invention, and that the obviousness                 
          rejections should be reversed.                                              
                                      DECISION                                        

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