Appeal No. 2000-2207
Application No. 08/968,379
would address the particulars of the claim language of
independent claims 23, 27, and 38, each of which requires a
sensing line for the detection of the presence of a termination
device as well as a requirement that the sensing line be in
common with the bus signal lines. In order for us to sustain the
Examiner’s rejection under 35 U.S.C. § 103, we would need to
resort to speculation or unfounded assumptions or rationales to
supply deficiencies in the factual basis of the rejection before
us. In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968), reh’g denied, 390 U.S.
1000 (1968). Given the factual situation presented to us, it is
our view that any suggestion to make the combination suggested by
the Examiner could only come from Appellants’ own disclosure and
not from any teachings or suggestions in the references
themselves.
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