Appeal No. 2002-1138
Application No. 09/362,785
The language of instant claim 1 appears to set forth a “self-testing cable modem”
made up of the separate elements of “a cable modem” and “a signal measurement
circuit.” Appellants disclose, however, that cable modem 100 (Fig. 2) includes signal
measurement circuit 225. (Spec. at 9, ll. 20-23.) In light of appellants’ specification, we
conclude that the broadest reasonable interpretation of instant claim 1 does not
preclude that the signal measurement circuit be part of the cable modem. We thus find
no fault in regarding Sanders’ modem 202 and cable access unit 106, containing the
signal measurement circuit, as meeting the terms of the claimed “cable modem.”
We have considered all of appellants’ arguments, but are not persuaded that the
examiner’s finding of anticipation with respect to instant claim 1 is in error. Instant
claims 2 and 3, not separately argued, fall with claim 1. See 37 CFR § 1.192(c)(7).
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