Ex Parte Gabrielson et al - Page 5

               Appeal 2007-0636                                                                            
               Application 10/351,016                                                                      
                                                      ISSUES                                               
               The pivotal issues in the appeal before us are as follows:                                  
               (1) Have Appellants shown that the Examiner has failed to establish that the                
                   disclosure of Louwagie anticipates the claimed invention under 35                       
                   U.S.C. § 102(b), when Louwagie teaches a line card having a resistor                    
                   coupled to a backplane chassis or a jumper coupled across signal lines?                 
               (2) Have Appellants shown that the Examiner has failed to establish that                    
                   one of ordinary skill in the art, at the time of the present invention,                 
                   would have found that the combined disclosures of Louwagie and                          
                   Dewey render the claimed invention unpatentable under 35 U.S.C.                         
                    § 103(a)?                                                                              


                                               FINDINGS OF FACT                                            
                  The following findings of fact are supported by a preponderance of the                   
                  evidence.                                                                                
                                                   The invention                                           
               1.     Appellants invented a method and system for using a line card in any                 
               chassis that has a termination resistor3 built in the backplane of the chassis,             

                                                                                                          
               3 For proper operation of a DSX system, DSX lines must be coupled with a                    
               termination resistor in the backplane of the chassis.  Therefore, a legacy                  
               chassis including a backplane with a built in resistor is generally used for                
               DSX applications.  If such backplane does not have a built in resistor, a                   
               termination resistor of a coupling line card is used to enable such                         
               applications to properly operate.  However, DSL lines do not require the use                
               of such a termination resistor.  In any event, whenever a termination resistor              
               is deemed to be unnecessary for a DSL or DSX application to run properly, a                 
               jumper is used across connector contacts in the line card to bypass such                    
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