Appeal No. 2003-0189
Application No. 09/627,892
the CIU receives power from an AC outlet, see column 4, line 48-49. As such we
agree with the examiner’s assertion that Rosen et al. teach that RF power can be
used to transmit power to other devices connected to a phone line.
However, we do not find that the references in combination teach a
computer network that uses telephone wires, where only one node is coupled to
a power supply and the other nodes receive power from the telephone lines. Our
reviewing court has stated that to establish obviousness, there must be some
motivation to combine the relevant teaching of the reference, and that ‘[t]he
motivation, suggestion or teaching may come explicitly from statements in the
prior art, the knowledge of one of ordinary skill in the art, or in some cases by the
nature of the problem to be solved.” In re Huston 308 F3d 1267, 1278, 64
USPQ2d 1801, 1810 (Fed. Cir. 2002, citing In re Kotzab 217 F.3d 1365, 1370,
55 USPQ 1313, 1317 (Fed. Cir. 200)). We note, that Rosen et al is silent as to
why the CIU is connected to a AC power source and the other nodes receive RF
power transmitted on the phone wires by the CIU. As such, Rosen et al.’s
disclosure provides no insight into the problem solved by having the CIU being
the only node powered by an external source and the other nodes receiving
power over the phone wire. We find that Rosen et al.’s teaching is limited and
provides no suggestion other than for an arrangement of one CIU per computer,
and that the CIU transmits RF power on the telephone wire. Therefore, we do
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