Appeal 2007-2258
Application 09/738,054
82 USPQ2d 1687, 1691 (Fed. Cir. 2007) (quoting KSR Int’l v. Teleflex, Inc.,
127 S. Ct. 1727, 1739-40, 82 USPQ2d 1385, 1395 (2007)). “One of the
ways in which a patent's subject matter can be proved obvious is by noting
that there existed at the time of invention a known problem for which there
was an obvious solution encompassed by the patent's claims.” KSR, 127
S. Ct. at 1742, 82 USPQ2d at 1397.
ANALYSIS
The Examiner relies on Goodman for teaching LAN protocol
communications over the twisted pair wiring that exists in homes and offices
(Answer 6). Chau was combined with Goodman for its teaching related to
conversion of incoming ATM signal to a LAN protocol inside the house or
office (id.). Appellant, in arguing against Chau (Br. 6), does not take into
account that the demarcation unit is taught in Goodman and Chau is
combined merely for conversion of the received ATM signals to a single
protocol required by the internal LAN (Answer 6-7).
Goodman teaches using twisted pair wiring, not only for telephone
signals, but also for LAN signals (FF 1-2). The transceiver switch 400 of
Goodman provides the conversion from the telephone wires outside a
customer’s premises to the protocol to be used on the wiring inside the
premises (FF 3). The Examiner relied on Chau for teaching the specific
protocol conversion among known formats such as ATM to TCP/IP protocol
(FF 4-7). In that regard, we agree with the Examiner (Answer 8-9) that
based on the teaching of Chau, the conversion is from ATM in switching
node 33 (FF 6) to ISDN protocol for telephone system connected to PBX 13
6
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