Appeal No. 2004-2153
Application No. 09/923,510
multiplexed onto a single modulated light beam. However, the
examiner notes that the optical communication system of
Willebrand differs from appellants’ claimed subject matter in
that Willebrand fails to specifically teach data and control
information which are transmitted in packets and fails to teach
data packets time division multiplexed with control packets into
a single packet stream. To account for these differences the
examiner looks to Reichman, urging that
...it is clear that Willebrand teaches that data
and control information are multiplexed onto a
single modulated light beam (reference numerals
24,46 in Figure 11, column 13[,] lines 12-16, column
15[,] lines 6-10). Furthermore, Willebrand teaches
that control and data signals are encoded with each
other and that a variety of different techniques are
known and available for encoding and decoding
information onto a from a [sic] fundamental wavelength
(column 6[,] lines 37-48). One skilled in the art would
clearly have recognized that one of the well known
methods of coding and decoding signals with one another
is via time division multiplexing. Reichman, in the same
field of endeavor, teaches it is well known in the art
to time division multiplex control and data packets
onto a single frequency (column 4[,] lines 54-62). It
is clear that the teachings of Willebrand (column 6[,]
lines 37-48 and reference numeral 46,48 in Figure 11)
and the teachings of Reichman (column 4[,] lines 54-62)
would have suggested time division multiplexing of
data and control packets to one skilled in the art.
One skilled in the art would have been motivated to time
division multiplex control and data packets in order
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