Ex Parte Gabrielson et al - Page 12

               Appeal 2007-0636                                                                            
               Application 10/351,016                                                                      
               view that one of ordinary skill in the art would have found it obvious to                   
               combine the teachings of Louwagie and Dewey to yield the invention as                       
               claimed.  Therefore, it follows that the Examiner did not err in rejecting                  
               claims 5, 6, 8, 9, 14, 20 and 21 as being unpatentable over the combination                 
               of Louwagie and Dewey.                                                                      
                      Next, we note that claims 25 through 28 and 31 require coupling the                  
               signal lines to a chassis when a backplane of the chassis includes a                        
               backplane termination resistor.  As detailed in the discussion of independent               
               claims 22 through 24, 29 and 30 above, we have found that Louwagie does                     
               not teach such limitations.  In light of these findings, it is our view that one            
               of ordinary skill in the art would not have found it obvious to combine the                 
               teachings of Louwagie and Dewey to yield the invention as claimed.                          
               Therefore, it follows that the Examiner erred in rejecting claims 25 through                
               28 and 31 as being unpatentable over the combination of Louwagie and                        
               Dewey.                                                                                      

                                        CONCLUSION OF LAW                                                  
               On the record before us, Appellants have not shown that the Examiner                        
               has failed to establish that Louwagie anticipates claims 1 through 4, 7, 10                 
               through 13, 15 through 19,  and 32  under 35 U.S.C. § 102(b).  Further,                     
               Appellants have not shown that the Examiner has failed to establish that the                
               combination Louwagie and Dewey renders claims 5, 6, 8, 9, 14, 20 and 21                     
               unpatentable under 35 U.S.C. § 103(a).  However, Appellants have shown                      
               that the Examiner has failed to establish that Louwagie anticipates claims 22               
               through 24, 29 and 30 under 35 U.S.C. § 102(b).  Further, Appellants have                   
               shown that the Examiner has failed to establish that the combination                        

                                                    12                                                     

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: September 9, 2013