Ex Parte Raza et al - Page 7




              Appeal No. 2004-0856                                                               Page 7                
              Application No. 09/676,704                                                                               


              explanation that because "the memory storage device of Smith operates with both a                        
              write clock and a read clock, Smith clearly teaches operating a storage device in                        
              multiple clock domains, rather than in a single clock domain corresponding to the                        
              fastest one of a plurality of clocks, as presently claimed."  (Reply Br. at 4.)                          


                     Because the examiner offers no evidence to support his allegation, and the                        
              appellants' specification and Smith each discloses buffers operating in plural clock                     
              domains,  we are unpersuaded that persons of ordinary skill would have recognized that                   
              the combination of Leong, Smith, and Dean would necessarily have detected a fastest                      
              one of a plurality of clocks and operated a storage element in a single clock domain                     
              corresponding to the fastest clock.  Therefore, we reverse the obviousness rejection of                  
              claim 1; of claims 2-11 and 13-15, which depend therefrom; of claim 16; and of claim 17                  
              and claims 18-20, which depend therefrom.                                                                


                     The examiner does not allege, let alone show, that the addition of Ryherd cures                   
              the aforementioned deficiency of Leong, Smith, and Dean.  Therefore, we reverse the                      
              obviousness rejection of claim 12, which depends from claim 1.                                           


                                                   CONCLUSION                                                          
                     In summary, the rejections of claims 1-20 under § 103(a) are reversed.                            








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