Ex Parte Toyoyama et al - Page 9

                Appeal 2007-0803                                                                               
                Application 10/197,801                                                                         
                cited reference of record in this application but not applied in the rejection                 
                does illustrate this relationship of a master-slave combination of flip flops.                 
                      In summary, we have affirmed the Examiner’s rejection of all claims                      
                on appeal under the judicially created doctrine of obviousness-type double                     
                patenting.  Likewise, based upon the weight and extent of the Examiner’s                       
                arguments and evidence of unpatentability of the respectively rejected                         
                claims under 35 U.S.C. §§ 102 and 103, the rejections of these claims, which                   
                encompass all claims on appeal, are affirmed.  Therefore, the decision of the                  
                Examiner is affirmed.                                                                          
























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