Appeal No. 2002-0140
Application No. 09/435,864
aware of the advantages and sought to include such a full-keeper
in other logic structure, e.g., as in Wu.
While it may be that the addition of this circuitry in Wu
might slow down performance, this is not, necessarily, a
“teaching away” because the artisan might well accept a bit
slower performance for the added benefits of a full-keeper for
latching an output signal.
Accordingly, we will sustain the rejection of claim 7 under
35 U.S.C. § 103 in view of the prima facie case of obviousness
made out by the examiner and the lack of convincing rebuttal by
appellants.
The decision of the examiner rejecting claims 1-4, 6, 9, 14,
15 and 17 under 35 U.S.C. § 102(b) and claim 7 under 35 U.S.C.
§ 103 is affirmed.
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