Ex Parte Komoda - Page 2




            Appeal No. 2004-1839                                                                              
            Application No. 09/921,604                                                                        

                   20.  A circuit modification method comprising the steps of:                                
                         determining whether a glitch error is caused in said predetermined                   
                   wire by an aggressor comprised of one or more other wires;                                 
                         when determining that a glitch error is caused in said                               
                   predetermined wire by an aggressor, replacing a driving circuit for driving                
                   said predetermined wire with another one having a higher driving ability                   
                   than the driving circuit.                                                                  
                   The examiner relies on the following references:                                           
                   Tam                       5,900,759                 May 04, 1999                           
                   Young et al. (Young)      6,378,109                 Apr. 23, 2002                          
                                                                (filed Jun. 30, 2000)                         
                   Claims 20 and 21 stand rejected under 35 U.S.C. §103 as unpatentable over                  
            Young.  While not recited in the statement of rejection, the examiner cites Tam merely            
            as an example of increasing the size of a driver by increasing the size of a buffer.              
                   Reference is made to the briefs and answer for the respective positions of                 
            appellant and the examiner.                                                                       
                                             OPINION                                                          
                   In rejecting claims under 35 U.S.C. §103, it is incumbent upon the examiner to             
            establish a factual basis to support the legal conclusion of obviousness.  See In re Fine,        
            837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In so doing, the                      






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