Ex Parte Raza et al - Page 3




              Appeal No. 2004-0856                                                               Page 3                
              Application No. 09/676,704                                                                               


                    Claims 1-11 and 13-201 stand rejected under 35 U.S.C. § 103(a) as obvious over                     
              U.S. Patent No. 5,963,499 ("Leong"); U.S. Patent No. 4,965,794 ("Smith"); and U.S.                       
              Patent No. 5,914,757 ("Dean").  Claim 12 stands rejected under § 103(a) as obvious                       
              over Leong; Smith; Dean; and U.S. Patent No. 4,970,499 ("Ryherd").                                       


                                                      OPINION                                                          
                    Rather than reiterate the positions of the examiner or the appellants in toto, we                  
              focus on the point of contention therebetween.  The examiner admits that Leong "does                     
              not disclose that his device detects a fastest one of a plurality of clocks and operates in              
              a clock domain of that fastest clock."  (Examiner's Answer at 4.)  Noting that "Leong                    
              clearly teaches that buffers can connect devices that operate at different speeds," (id. at              
              11), however, he asserts, "what is clearly understood by the skilled artisan is that the                 
              buffer therefore must operate at the faster of the two speeds.  Otherwise errors or                      
              unacceptable inefficiencies result."  (Id.)  The appellants argue, "the Examiner fails to                
              show that Leong's device with the asserted modification would necessarily detect a                       
              fastest one of a plurality of clocks and operate a storage element in a single clock                     



                    1Although the examiner's statement of the rejection over Leong, Smith, and Dean                    
              encompasses claim 12, (Examiner's Answer at 4), his explanation thereof omits the                        
              claim.  (Id. at 4-9.)  Furthermore, the examiner includes a separate rejection for                       
              claim 12.  (Id. at 9.)  Accordingly, we treat the former rejection as inapplicable to                    
              claim 12.                                                                                                







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