Ex parte MCCLURE - Page 5




          Appeal No. 1997-1060                                                        
          Application No. 08/172,848                                                  


          consequence of our review, we have made the determinations                  
          which follow.                                                               


               We will not sustain the examiner’s rejection of claim 1                
          under 35 U.S.C. § 102(b) as being anticipated by Saito.                     
               Although we find that Saito teaches the steps of (1)                   
          “configuring the device in a test mode” (col. 5, lines 41-44)               
          and (2) “sensing a first programmed signal indicating that                  
          redundancy has been implemented on the device” (col. 6, lines               
          16-38), we are in general agreement with the appellant (Brief,              
          page 5) that Saito fails to teach the recited step of                       
          “changing the state of at least one output pin when the first               
          signal has a preselected value.”  The examiner, on page 4 of                
          the Answer, maintains that “substitution of a redundant                     
          element (blowing of a fuse)” is precisely on point with the                 
          Appellant’s claimed “state change of the output of a pin.”  We              
          do not agree.  The appellant argues on page 6 of the brief                  
          that the output pin defined in claim 1 represents the output                
          pin of the device.  In contrast, a review of the teachings of               
          Saito reveals that the step of blowing a fuse results in a                  

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