Ex Parte NAIDU et al - Page 3



          Appeal No. 2000-1519                                                        
          Application No. 08/674,875                                                  

          35 U.S.C. 103 as unpatentable over APA in view of Lemson.                   
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        

                                       OPINION                                        

               It is the examiner’s position that APA discloses the instant           
          claimed invention but for a transmission system comprising a                
          level comparator and a gain controller for reducing the gain of             
          the antenna unit when the received signal exceeds a predetermined           
          threshold.  However, the examiner, referring to Figures 2-4 and             
          8-12, column 10, lines 10-47, column 17, line 39 to column 18,              
          line 31, and column 37, lines 43-62, of Lemson, contends that               
          Lemson teaches remote antenna units wherein each of the remote              
          units comprises a level comparator and a gain controller for                
          reducing the gain of the antenna unit when the received signal              
          exceeds a predetermined threshold.                                          
               The examiner then concludes that it would have been obvious            
          to modify APA by providing the teaching of Lemson in “order to              
          efficiently maintain an optimum level over a transmission line of           
          the system” [answer-page 4].  Even so, the examiner indicates               
          that this modification would include the gain control circuit               
                                         -3–                                          




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