Appeal No. 1999-2694
Application No. 08/684,651
data processor 22 divides an incoming high rate data stream into parallel lower rate
transmit data streams. There is no teaching or suggestion that these parallel lower rate
transmit data streams constitute non-overlapping channels of different frequency bands.
Moreover, to whatever extent the “channels’ in Lux may be considered to be channels of
non-overlapping frequency bands, as claimed, there is absolutely no teaching or
suggestion in Lux that failure of one channel will cause another channel to transmit its
normal signals and signals corresponding to the failed channel wherein the signals
correspond to first and second non-overlapping portions of a frequency band.
Langseth is employed by the examiner only for the teaching of sensing the failure of
transmission of a transmission path and does not provide for the deficiencies of Lux noted
supra with regard to channels of non-overlapping frequencies.
Moreover, the combination of Lux and Langseth, as proposed by the examiner, is
suspect. If Langseth is needed to supply a teaching of sensing the failure of transmission
of a path, or channel, as suggested by the examiner, then it must be because Lux does not
provide for such sensing. If Lux does not provide for such sensing, it must be because Lux
has no interest in knowing that a path, or channel, has
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