Ex parte HUON et al. - Page 6




          Appeal No. 96-0033                                                          
          Application 08/066,638                                                      


          Furthermore, as said by the examiner at page 10 of the answer,              
          there is nothing in appellants’ claims to preclude that a first             
          rate from a first device may be variable, as is taught in Trost,            
          or to preclude that this rate may be externally provided to the             
          overall device.                                                             
               Appellants’ positions presented between pages 11 and 13 are            
          also non-persuasive since they appear to argue the disclosed                
          rather than the claimed invention.  As to appellants’ position              
          at page 13 of the brief, there is no claimed burst mode of the              
          first device recited in any independent claim on appeal.  There             
          is only an implication or an inference that may be derived from             
          the language of the register means clause that something other              
          than a maximum number of data entities may be transferred within            
          consecutive clock periods at other times.  Even as disclosed,               
          appellants’ memory device 1 does operate in at least two speeds,            
          a normal speed and a burst mode speed.  As set forth at columns 1           
          and 2 of Trost, the dynamic memory of this reference embodied as            
          element 10 contains the capability of operating at two speeds, a            
          fast and a slow speed, even as depicted in the Figure 7 and                 
          discussed at column 5, lines 54 to 59.  A CCD memory device of              
          Trost has the capability of operating in an internal clock sense            
          between minimum and maximum data clock rates.  As such, the fact            

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