Ex parte MEEKER - Page 14




                                1 Application for patent filed August 27, 1993.                                                                                                        
                                           We agree with Appellant.  Although the Examiner has                                                                                         
                     shown a multiplexer (or equivalent thereof) in the prior art,                                                                                                     
                     and the concept of cell bypassing, the particular arrangement                                                                                                     
                     claimed by Appellant is not shown or suggested in the prior                                                                                                       
                     art.  Claim 16 recites, “a multiplexor having first and second                                                                                                    
                     inputs and an output, the multiplexor selecting data at one of                                                                                                    
                     its inputs to appear at its output in response to a control                                                                                                       
                     signal generated within the processing cell, wherein the first                                                                                                    
                     input is coupled to an output of a multiplexor in one of the                                                                                                      
                     at least one neighboring cell, the second input is coupled to                                                                                                     
                     a local data source, and the output is coupled to a first                                                                                                         
                     input of a multiplexor in one of the at least one neighboring                                                                                                     
                     cell.”  Thus, we will not sustain the                                                                                                                             
                     35 U.S.C. § 103 rejection of independent claim 16, and                                                                                                            
                     likewise claims 17, 25 and 33 which depend therefrom and                                                                                                          
                     contain the same unmet limitations.                                                                                                                               
                                          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,                                                                                                     

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                                1Application for patent filed August 27, 1993.                                                                                                         





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