Ex Parte Norman et al - Page 3




                 Appeal No. 2006-1148                                                                                                                         
                 Application No. 10/382,492                                                                                                                   

                                                             OPINION                                                                                          
                         With regard to claims 1, 3, 4, 8, 10, and 11, the examiner’s position is that                                                        
                 Schwarzbach discloses the claimed subject matter but for the lighting means being positioned                                                 
                 at an airfield.  The examiner relies on Tann to show an airfield lighting installation and                                                   
                 concludes that it would have been obvious to use the lighting control system of Schwarzbach                                                  
                 in an airfield environment as taught by Tann “in order that an airfield could have had a                                                     
                 lighting control and status monitoring system operating over a power line, thus saving cost                                                  
                 by not having to include separate lighting and communication lines” (answer-page 4).                                                         
                         Appellants’ view is that Schwarzbach teaches a system for controlling lamps and                                                      
                 appliances over the power lines of a house or other residential building, detecting whether a                                                
                 lamp’s own power switch is off or on (a lamp whose power switch is turned off cannot be                                                      
                 controlled from the central control computer), while Tann teaches an airport lighting control                                                
                 system having two-way communication, but over separately provided control lines.                                                             
                         Appellants conclude that the skilled artisan would not have combined these                                                           
                 references since Schwarzbach is concerned with a problem, viz., a situation in which a lamp                                                  
                 is switched off locally and cannot be controlled remotely, which would not have arisen in                                                    
                 Tann.  Further, argue appellants, the difference in power lines between Schwarzbach and                                                      
                 Tann would have suggested that these references are not combinable.  Appellants also argue                                                   
                 that Tann’s use of low power for the communication lines would have taught away from                                                         
                 communicating over power lines, as in Schwarzbach.  Therefore, conclude appellants, since                                                    
                 the skilled artisan                                                                                                                          

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