Ex Parte Dichter - Page 6




                 Appeal No. 2003-0189                                                                                
                 Application No. 09/627,892                                                                          

                        Claim 10 contains the limitations of a “computer network comprising a                        
                 plurality of nodes” and that “only one of said nodes coupled to a power supply,                     
                 said other nodes receiving power over said telephone wires.” Appellant’s                            
                 specification provides a definition of a computer network as “[c]omputer networks                   
                 connect computers and other devices together so that various computers on the                       
                 network can share files programs and resources” see page 1, lines 5-7 of                            
                 appellant’s specification. Thus, by appellant’s definition a computer network has                   
                 more than one computer.  The term “node” is not defined in the appellant’s                          
                 specification.  The plain meaning of “node” is “ a junction point in a network”2.                   
                 This definition is consistent with the usage in the appellant’s specification on                    
                 page 5 lines 25-27, which describe a node capable of being a pass through, and                      
                 on page 6, lines 1-2, which identifies that a node may also act as a hub.  Thus,                    
                 we find that the scope of claim 10 includes a network which connects several                        
                 computers, the network includes several junction points (nodes) and that only                       
                 one of the nodes is connected to a power source, the others nodes receive                           
                 power over the telephone wires.                                                                     
                        Having determined the scope of the relative potions of the claims we                         
                 next turn to the rejection based upon 35 U.S.C. § 103.  It is the burden of the                     



                                                                                                                     
                 2 Definition taken from McGraw-Hill Dictionary of Scientific and Technical Terms, Fifth             
                 Edition, 1994.                                                                                      


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