Appeal 2007-1326
Application 10/237,067
1 with a transceiver can initiate communications with any other element, or group of
2 elements, in the system; the present invention can signal across AC or DC so as to
3 have a much broader adaptability reach so that the present invention can provide a
4 much larger bandwidth for its communications; the present invention can function
5 as a true bidirectional communication system in which the trains can freely
6 respond (not predetermined) and provide any array of information independently
7 of the restrictions imposed by using track power, so that communication is truly bi-
8 directional. (Appeal Br. 14-16).
9 The Appellants contend the non-obviousness is further exemplified by the
10 tremendous market success related to the aforementioned bi-directional scheme
11 and the features enabled thereby. For example, the Appellants contend that the
12 assignee of the present application (Mike's Train House) has taken in sales of
13 almost three million dollars since 2002 of its model train systems, and by the years
14 taken to develop and cost upwards of four and a half million dollars in research and
15 development. As a further indicia of non-obviousness, the Appellants point to
16 technical publications that have noted the marked distinction between the present
17 invention and that of Young in terms of effecting the bi-directional capability.
18 (Appeal Br. 16-19).
19 Claims to integral signal formation
20 Regarding the limitation of dependent claims 198-205 of integral formation of
21 the power and communication signals, the Examiner finds that since the input
22 communication signal and power signal of Young are being transmitted as
23 electrical currents through the same rail, they are inherently readable as being
24 integrally formed, as broadly claimed. (Answer 5).
8
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