Ex parte BURNS - Page 5




          Appeal No. 96-0254                                                          
          Application 08/096,149                                                      



                    Instead, Guttag teaches the summation of bits with a              
          logic level of “one” for a time interval between vertical sync              
          pulses (col. 49, lines 27-30), not the analysis of an individual            
          word.  In addition, Guttag teaches away from appellant’s                    
          invention by teaching a running total of the number of bits with            
          a logic level of “one” (col. 49, lines 48-55), which sums for the           


          entire data string, not appellant’s analysis employing a word by            
          word test, in which a word is “captured” for analysis while the             
          rest of the data string is allowed to pass.  When the data string           
          is repeated, the next word in the string is captured et cetera,             
          until all the words have been tested at a sampling rate which is            
          a fraction of the clock rate of the circuit under test.                     

                    Accordingly, since Guttag fails to teach or render                
          obvious the limitations of claim 8, we cannot sustain the                   
          rejection of claims 8-12 under 35 U.S.C. § 103 as being                     
          unpatentable over Guttag.                                                   

                    The decision of the examiner is reversed.                         

                                      REVERSED                                        



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