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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007