Ex parte WALSH et al. - Page 7




               Appeal No. 96-4032                                                                                                    
               Application 08/054,496                                                                                                


               turned off, but resumes operation of the timer from where it stopped when the refrigeration circuit is                

               turned on.                                                                                                            

                       We agree that Essig teaches delaying a transition state of the off/on signal 21, but Essig does               

               not teach completion signals for the associated circuit, defrost element 22, or upon occurrence of a                  

               logic state transition of an input clock, delaying an output clock signal state transition until receipt of  the      

               completion signals.  Thus, Essig does not teach means responsive to occurrence of a logic state                       

               transition of the input clock signal for delaying the transition of a logic state transition of the output clock      

               signal until receipt of the completion signal from the associated circuit means responsive to occurrence              

               of a logic state transition of the input clock signal for delaying the transition of a logic state transition of      

               the output clock signal until receipt of the completion signal from the associated circuit as recited in              

               Appellants' claims.                                                                                                   

                       Furthermore, we fail to find any suggestion of modifying Sawtell and Essig to provide a clock                 

               circuit as recited in Appellants' claims.  The Federal Circuit states that "[t]he mere fact that the prior art        

               may be modified in the manner suggested by the Examiner does not make the modification obvious                        

               unless the prior art suggested the desirability of the modification."  In re Fritch, 972 F.2d 1260, 1266              

               n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,                          

               221 USPQ 1125, 1127 (Fed. Cir. 1984).  "Obviousness may not be                                                        




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