Ex parte DEPUE - Page 6




          Appeal No. 1998-1696                                                        
          Application No. 08/562,197                                                  


          wire, received by said slave multiplexer and connected to said              
          at least two internal analog telephone subscriber lines                     
          thereby increasing the internal preexisting line capacity                   
          without physically adding additional lines internally”                      
          [emphasis ours], as claimed.  Clearly, as shown in Fry’s                    
          Figure 4, even given the examiner’s interpretation of box 22                
          as the “master multiplexer” and box 23 as the “slave                        
          multiplexer,” there does not exist, in Fry, the functional                  
          connection recited by claim 15.  The interior preexisting                   
          conventional two conductor telephone wire would appear to be                
          shown, in Fry, as lines 20' and 21'.  Yet, these lines are not              
          located intermediate the master multiplexer and the slave                   
          multiplexer, as claim 15 would require.  Also, the functional               
          connection recited in the last paragraph of claim 15 makes it               
          clear that the slave multiplexer subscriber line unit is                    
          within the subscriber’s premises because the slave multiplexer              
          is downstream from the interior preexisting telephone wire                  
          relative to the master multiplexer.                                         
               Since Fry is deficient in these specifically claimed                   
          limitations and we find no logical reason, within the meaning               
          of 35 U.S.C. § 103, to modify Fry in any way so as to arrive                
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