Ex Parte HEMMINGER et al - Page 9




                 Appeal No. 2001-1866                                                                                  Page 9                     
                 Application No. 08/478,606                                                                                                       


                 multiplexing the various metering function output signals and pulse rates over optical                                           
                 port 40 alone."  (Id. (emphasis added).)  More specifically, the portion of the                                                  
                 specification referenced by the appellants explains that the "optical port 40 will echo the                                      
                 watthour pulses received by the microcontroller over the transmitting LED 112 to                                                 
                 conform to traditional testing practices without the necessity of an additional LED."                                            
                 (Id. (emphasis added).)  In summary, although added claims 16-24 require an LED                                                  
                 separate from an optical port, the original specification discloses using an optical port                                        
                 alone.                                                                                                                           


                         Second, observing that their specification discloses that "'[m]eter 10 interfaces to                                     
                 the outside world via liquid crystal display 30, optical port 40, or option connector 38,'"                                      
                 (Req. Reh'g at 7 (emphasis in original)), the appellants argue that "claim 16 can also be                                        
                 read to cover a structure in which the 'communications interface' is provided by an                                              
                 option connector (e.g., option connector 38), while the 'test interface' is provided by an                                       
                 LED (e.g., LED 112 of optical port 40)."  (Id.)                                                                                  


                         Although the specification mentions that "[m]eter 10 interfaces to the outside                                           
                 world via . . . option connector 38," (Spec. at 16), the appellants fail to show that the                                        
                 option connector performs the claimed function of "receiving a data command"  that                                               
                 identifies a selected "one of the various power measurements" so as to support their                                             







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