Ex parte NAKAJIMA - Page 5




              Appeal No. 1997-1038                                                                                          
              Application 08/077,926                                                                                        


                     At the outset, we note that the examiner's summary of the invention comment on                         
              page 2 of the answer takes the view that                                                                      
              the first and second gates are respective gates 16b and 16a.   However, the specification                     
              as filed has consistently indicated that the claimed first gate comprises gate 16a and the                    
              second gate comprises gate 16b, respectively, just the opposite of the examiner's view.                       
              Note, for example, the summary of the invention at page 4, lines 10 through 18 of the                         
              specification, as well as the showing at least in the first embodiment of Figure 1 and the                    
              description at page 16, lines 5 through 13 of the specification as filed, as argued by                        
              appellant at page 6 of the brief.  Therefore, we are in agreement with the appellant's                        
              conclusion at the end of that page of the brief that there is no inconsistency of the language                
              recited in claim 1 within the claim itself, nor is there any inconsistency with the claim                     
              language and the specification and drawings as filed.  Functionally speaking, the noted                       
              first gate of the claim, as well as the first gate of the specification, provides an output of a              
              logical product, whereas the second gate similarly provides a logical sum.                                    
                     We reach a similar conclusion with respect to the separate concerns raised by the                      
              examiner as to dependent claim 23, which depends from claim 21, which in turns depends                        
              from independent claim 20.  Since claim 20 recites a semiconductor wafer, this is an                          
              indirect reference to the initial disclosure of the embodiment shown in Figure 8 depicting                    
              the recited dicing line 30 and the signal generating means 17, 18 depicted in Figure 10                       
              following the general depiction in Figure 8.  The Figures 9 and 10 details indicate clearly                   
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