Ex Parte SUTTERLIN et al - Page 7



          Appeal No. 2002-1318                                                        
          Application No. 08/693,662                                                  

          is argued (brief, page 5) that the system taught by West in view            
          of Downey, would not suggest incorporating the teachings of                 
          Dockery because communication signals are already successfully              
          coupled between separate lines with a wireless link, which                  
          includes the use of a transmitter and receiver.  Appellants                 
          further argue (id.) that in West in view of Downey, neither                 
          reference suggests using a power line as an antenna to accomplish           
          the task of communicating signals between separate power lines.             
          It is further argued (id.) that there is no teaching in West,               
          Downey or Dockery for using stray propagation from a power line,            
          and (brief, page 6) that none of the references teaches the                 
          sensing of data where the signal is an unintended byproduct of              
          communication in a network.                                                 
               From our review of the record, we find that the issue before           
          us is whether it would have been obvious to have deleted the RF             
          transmitter in the combined teachings of West and Downey, in view           
          of the disclosure of Dockery.  With regard to appellants'                   
          assertion (brief, page 6) that none of the references teaches the           
          sensing of data where the signal is the unintended byproduct of             
          communications in a network, we note that appellants' claims do             
          not recite that the sensed signal is an unintended byproduct of             
          communications in a network.  Nor do appellants' claims recite              
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