Ex Parte Apfel - Page 8




         Appeal No. 2006-2089                                                       
         Application No. 09/778,291                                                 

         approximate length of the signal path.  Further, since Shenoi              
         discloses, at the very least, the separation of signal paths,              
         i.e., downstream and upstream paths, dependent on bandwidth                
         requirement, the claimed requirement (claims 6 and 25) of                  
         separating signal paths in response to “at least one of” signal            
         path length, bandwidth requirement, and gain factor is satisfied.          
              In summary, we have sustained the Examiner’s 35 U.S.C.                
         § 103(a) rejections of all of the claims on appeal.  Therefore,            
         the decision of the Examiner rejecting claims 1-25 is affirmed.            
              No time period for taking any subsequent action in                    
         connection with this appeal may be extended under 37 CFR                   
         § 1.136(a)(1)(iv)(effective September 13, 2004).                           




















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