Ex Parte LAMBERT - Page 5




          Appeal No. 2003-1955                                                        
          Application 09/447,544                                                      


               An obviousness analysis commences with a review and                    
          consideration of all the pertinent evidence and arguments.  “In             
          reviewing the [E]xaminer’s decision on appeal, the Board must               
          necessarily weigh all of the evidence and argument.”  Oetiker,              
          977 F.2d at 1445, 24 USPQ2d at 1444.  “[T]he Board must not only            
          assure that the requisite findings are made, based on evidence of           
          record, but must also explain the reasoning by which the findings           
          are deemed to support the agency’s conclusion.”  In re Lee, 277             
          F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).  With               
          these principles in mind, we commence review of the pertinent               
          evidence and arguments of Appellant and Examiner.                           
               Appellant argues that neither Katoh, Brownlow nor Uchida               
          individually or collectively teaches or suggests a redundant                
          circuit that is configured to provide a signal for testing a                
          circuit and is configured to selectively replace the circuit as             
          specifically claimed by Appellant’s claims.  In particular,                 
          Appellant argues that Katoh and Uchida are silent with regard to            
          a  test to identify defective circuits.  See pages 3 through 5 of           
          Appellant’s brief.                                                          
               In the Examiner’s answer, the Examiner states that                     
          Brownlow’s redundant circuit includes a verification signal                 
          generator 33 that provides a signal to a test circuit and a shift           
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007