Ex Parte Slabbinck et al

Board of Patent Appeals and Interferences

Mar 23, 2010

10455432 (B.P.A.I. Mar. 23, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte HANS SLABBINCK and RONALD HERON
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Appeal 2009-011124
Application 10/455,432
Technology Center 2400
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Decided: March 23, 2010
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Before CARLA M. KRIVAK, ELENI MANTIS MERCADER, and
CARL W. WHITEHEAD, JR., Administrative Patent Judges.

KRIVAK, Administrative Patent Judge.

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
claims 1-5. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

Appeal 2009-011124
Application 10/455,432

2
STATEMENT OF THE CASE
Appellants’ claimed invention is represented below in reproduced
independent claim 1
1. A method to deploy an Asymmetric Digital Subscriber Line
Plus (ADSL+) service between a remote cabinet and at least
one customer premises terminal, wherein for downstream data
transfer a higher frequency spectrum than the traditional
Asymmetric Digital Subscriber Line (ADSL) downstream
frequency spectrum is used, the method comprising:

switching off a lower part of a traditional ADSL downstream
frequency spectrum through spectral masking for downstream
data transfer of the ADSL+ service;

wherein for said downstream data transfer of said ADSL+
service, an upper part of said traditional ADSL downstream
frequency spectrum is also used.

REFERENCES
Kumar US 2003/0086487 A1 May 8, 2003
Jacobsen, Introduction of ADSL+, ETSI Standard Subcommittee TM6,
Reference TM6 022t25, France, Apr. 22-26, 2002.

The Examiner rejected claims 1, 3, 4, and 5 under 35 U.S.C. § 103(a)
based upon the teachings of Jacobsen.
The Examiner rejected claims 2 under 35 U.S.C. § 103(a) based upon
the teachings of Jacobsen and Kumar.
The Examiner finds Jacobsen teaches all the features of Appellants’
claimed invention except Jacobsen does not expressly disclose “switching
off a lower part of a traditional ADSL downstream frequency spectrum
through spectral masking for downstream data transfer of the ADSL+
service” (Ans. 5). However, the Examiner finds Jacobsen suggests the
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Application 10/455,432

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power spectral density (PSD) can be reduced below 1,104 kHz, thus
improving the spectral compatibility with ADSL and reducing the effects of
crosstalk (id.).
Appellants contend Jacobsen does not suggest switching off a lower
part of the spectrum; rather Jacobsen suggests PSD shaping only in response
to a gradually attenuated PSD (App. Br. 13; Reply Br. 5). Thus, the issue
presented is: Does Jacobsen suggest switching off a lower part of a
traditional ADSL downstream frequency spectrum for downstream data
transfer of ADSL+ service?

ANALYSIS
The Examiner finds, with respect to claims 1, 3, 4, and 5, the term
“switching off” corresponds to Jacobsen’s shaping a PSD below 1,104 kHz
to reduce crosstalk (Ans. 5; Jacobsen Fig. 9, p.6, ll. 15-20).
Appellants contend the term “switching off” refers to switching off all
the carriers in a particular spectral range as disclosed in Appellants’
Specification (App. Br. 11-12; Reply Br. 5; Spec. 3:11-14; Spec. 5:3-11).
This is in contrast to Jacobsen, which shapes the ADSL+ transmit PSD
below 1,104 kHz (App. Br. 11; Reply Br. 5; Jacobsen p. 6; Fig. 9). Thus,
Jacobsen uses a PSD shaper that gradually increases the PSD between 0 Hz
and 1,104 kHz; whereas Appellants’ claimed invention switches off part of
the spectrum, which does not permit any frequency spectrum (App. Br. 12).
We agree. Although claims are to be given their broadest interpretation (In
re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004)), a
reasonably broad interpretation of the claim language would not result in
finding that switching off is the same as transmitting below a certain
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Application 10/455,432

4
frequency. In the instant case, when part of the traditional frequency
spectrum is switched off, that frequency is no longer permitted; whereas
Jacobsen allows a PSD shaper to gradually increase the PSD (Jacobsen, Fig.
9).
The Examiner rejected claim 2 over Jacobsen and Kumar. However,
Kumar does not cure the deficiencies of Jacobsen.

CONCLUSION
Jacobsen does not suggest switching off a lower part of a traditional
ADSL downstream frequency spectrum for downstream data transfer of
ADSL+ service.

DECISION
The Examiner’s decision rejecting claims 1-5 is reversed.

REVERSED

KIS

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