Appeal No. 96-0241
Application No. 07/617,740
may not be established by probabilities or possibilities.
Hansgirg v. Kemmer, 102 F.2d 212, 214, 40 USPQ 665, 667 (CCPA
1939).
Moreover, independent claim 1 requires not only detecting
any failure on the communication line, but also that detection
takes place “prior to” the data entry means transmitting its
data. Further, in response to an error detection prior to
transmission, recording means within the data entry terminals
record the data. There is no suggestion of the claimed failure
detecting means or the claimed recording means or of the claimed
interaction of these elements in either Takahashi or Kubota or in
the combination thereof. As claimed, it is clear that the
instant invention is interested in detecting failure of the
communication line at the POS terminals and of recording data at
those terminals if there is a detected error in the communication
line. If, somehow, Takahashi was combined with Kubota, it would
appear to us that, if anything, there may be a data check
performed at the data collection system C of Takahashi but there
would have been no reason to check for failures in the
communication line at the electronic cash registers of Takahashi
and then, upon such failure detection, to store business
transaction data at the cash register terminals.
Turning to the new ground of rejection under 35 U.S.C.
' 103, relying on Takahashi, alone, the deficiencies of Takahashi
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