Ex Parte RODRIGUEZ et al - Page 6




          Appeal No. 2001-2660                                                        
          Application 09/392,341                                                      


          transistor.  Such is not shown in appellants' prior art Figure 1            
          and is not discussed at specification page 2 associated with this           
          figure for the symbolic showing of the electrical inverter within           
          the one-half latch circuit 110 in prior art Figure 1.  There is             
          no evidence before us that the symbolically shown inverter within           
          the latch circuit 110 of prior art Figure 1 corresponds  to the             
          structure of a latch comprising a pMOSFET transistor 230 along              
          with its corresponding nMOSFET transistor 220 as in appellants'             
          disclosed Figure 2.                                                         
               On the other hand, we sustain the rejection of independent             
          claim 9 on appeal.  In contrast to the other independent claims             
          on appeal, this claim does not recite the CMOS inverter comprises           
          an nMOSFET transistor as just discussed.  In fact, the nature of            
          the claimed domino gate and half-latch circuit in claim 9 is                
          consistent from an artisan's perspective of the normal operation            
          of appellants' prior art Figure 1 alone.  As the examiner notes             
          at the top of page 7 of the answer, the claimed first voltage               
          corresponds to the input voltage applied to the domino gate 120             
          of appellants' prior art Figure 1 and the second voltage is the             
          output voltage of the output node out according to the normal               
          operation of the inverter circuit of this figure.  In this sense            


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