Ex Parte Burton et al - Page 2

                Appeal 2007-0468                                                                               
                Application 10/750,320                                                                         
                      Appellants have invented a method and apparatus for adjusting a                          
                control signal applied to a substrate to maintain a substantially constant                     
                frequency ratio between a signal related to a target circuit frequency and a                   
                signal related to a leakage current (Figure 1A; Specification 3).                              
                      Claim 1 is representative of the claims on appeal, and it reads as                       
                follows:                                                                                       
                      1. An apparatus comprising:                                                              
                      a substrate;                                                                             
                      a target timing circuit formed on the substrate, the target timing circuit               
                having a frequency related to a target frequency;                                              
                      a leakage timing circuit formed on the substrate, the leakage timing                     
                circuit having a frequency related to a leakage current; and                                   
                      a control unit to maintain a substantially constant ratio between the                    
                frequency related to the target frequency and the frequency related to the                     
                leakage current.                                                                               
                      The prior art relied upon by the Examiner in rejecting the claims on                     
                appeal is:                                                                                     
                Mizuno  US 6,166,577   Dec. 26, 2000                                                           
                Teraoka  US 6,333,571 B1    Dec. 25, 2001                                                      
                Klemmer  US 6,337,601 B1   Jan. 8, 2002                                                        
                Miyazaki  US 6,489,833 B1   Dec. 3, 2002                                                       
                Kudo   US 6,708,289 B1   Mar. 16, 2004                                                         
                                                                    (filed May 30, 2000)                       
                Chen   US 6,883,078 B2   Apr. 19, 2005                                                         
                                                                    (filed Apr. 24, 2002)                      
                      The Examiner rejected claims 1, 2, 6 to 18, 26, 27, and 29 under 35                      
                U.S.C. § 102(b) based upon the teachings of Mizuno.  The Examiner                              


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