Ex Parte SUTTERLIN et al - Page 10



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

          removed, we find that the received television broadcast signal              
          was broadcast over the airways from the service provider's                  
          transmitter, which we consider to be an RF transmitter, and is              
          not a data signal propagated from a first power line to a second            
          power line, without the use of an RF transmitter on the first               
          power line.                                                                 
               In addition, we note that all of the claims under appeal               
          require sensing of data signals propagated from the first power             
          line without the use of an RF transmitter on the first power                
          line.  For the reasons above, this limitation is not suggested by           
          the applied prior art.  In that regard, while Dockery does teach            
          that a power line used in a communications system may also be               
          used as an aerial antenna, as advanced by the examiner (answer,             
          page 4), the transmitted signal over the power line that                    
          generates the RF signal propagated to a range of 200 feet from              
          the power line is an RF transmitted signal.  Therefore, Dockery             
          does not teach or suggest that the data signal is propagated from           
          the first power line and sensed by the receiver without the use             
          of an RF transmitter.  In addition, even if we are incorrect our            
          interpretation of Dockery, and assuming, arguendo, that Dockery             
          teaches the sensing of a signal propagated from the first power             
          line  without the use of an RF transmitter, we find that because            
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