Ex Parte MORGAN et al - Page 3



                    Appeal No. 2003-2027                                                                                                                                  
                    Application No. 08/804,908                                                                                                                            

                    response during a defined time period with respect to the sign-on                                                                                     
                    message on a specific frequency.  Assume that remote unit 30                                                                                          
                    wishes to sign on to the system.  Remote unit 30 then responds                                                                                        
                    with a sign-on message.  Head end unit 20 receives a sign-on                                                                                          
                    response in the expected time slot on the expected frequency.  In                                                                                     
                    this case, the head end unit responds to the sign-on response and                                                                                     
                    performs tests requested in the response and subsequent messages                                                                                      
                    from the remote unit.  See page 5 of Appellants' specification.                                                                                       
                    If head end unit 20 does not detect a sign-on response, there are                                                                                     
                    three possible reasons for lack of response.  The first                                                                                               
                    possibility is that no response was sent.  The second possibility                                                                                     
                    is the return path is not functioning properly.  The third                                                                                            
                    possibility is noise or other carrier interference with the                                                                                           
                    transmission.  Head end unit 20 distinguishes between these                                                                                           
                    possibilities by measuring the power in the return path frequency                                                                                     
                    band specified for the response.  See page 5 of Appellants'                                                                                           
                    specification.  If the peak level detected was sufficient to                                                                                          
                    interfere with communications, head end unit 20 sends an error                                                                                        
                    message in the forward direction indicating that the return path                                                                                      
                    had sufficient noise to interfere with communications thereon.                                                                                        
                    In the preferred embodiment of the present invention, the message                                                                                     
                    includes a spectral measurement of the entire return frequency                                                                                        
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