Appeal No. 2002-1997 Page 9
Application No. 08/828,549
switched telephone network. . . ." Accordingly, the independent claims require
connecting a computer to a computer network via a telecommunication network.
Having determined what subject matter is being claimed, the next inquiry is
whether the subject matter would have been obvious. "In rejecting claims under 35
U.S.C. Section 103, the examiner bears the initial burden of presenting a prima facie
case of obviousness." In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956
(Fed. Cir. 1993)(citing In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992)). "'A prima facie case of obviousness is established when the
teachings from the prior art itself would . . . have suggested the claimed subject matter
to a person of ordinary skill in the art.'" In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529,
1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143,
147 (CCPA 1976)).
Here, although Focsaneanu discloses that "[e]ach [of its] CPE connector[s]
operates with the access module 208 through its local access 210," col. 7, ll. 33-34, the
local access 210 does not comprise a PSTN. To the contrary, "[t]he local access
consists generally of a pair of twisted copper wires, although many other local access
facilities are available for different bandwidths, such as wireless, fiber optics, coax
cable, etc." Id. at ll. 64-67.
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