Ex Parte Christiansen et al - Page 9



          Appeal No. 2004-2153                                                        
          Application No. 09/923,510                                                  
          single packet stream or not, and, notwithstanding the outcome of            
          that inquiry, to further consider whether it would have been                
          obvious to one of ordinary skill in the art at the time of                  
          appellants’ invention (based on the combined teachings of                   
          Willebrand and Reichman) to utilize time division multiplexing to           
          transmit the noted status, control and management information               
          over the single specific wavelength signal disclosed in                     
          Willebrand in a single packet stream, especially since Willebrand           
          does not appear to provide any specific disclosure concerning how           
          these three different types of information are to be carried on             
          the reserved separate wavelength signal.                                    
                                REVERSED AND REMANDED                                 

                    CHARLES E. FRANKFORT          )                                   
                    Administrative Patent Judge   )                                   
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                                                  )                                   
                    JOHN C. MARTIN                )     APPEALS AND                   
                    Administrative Patent Judge   )                                   
                                                  )    INTERFERENCES                  
                                                  )                                   
                                                  )                                   
                                   )                                                  
                    ALLEN R. MACDONALD            )                                   
                    Administrative Patent Judge   )                                   

          CEF/dpv                                                                     

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