Ex parte GUTTAG et al. - Page 5




               Appeal No. 1997-0400                                                                                                    
               Application No. 08/080,735                                                                                              

               upon Williams merely to teach the well-known use of data latches.  Therefore, Williams                                  
               does not remedy the deficiencies in the combination of Tabata and Maeda.                                                
                       Since the applied combination does not meet the limitations recited in independent                              
               claims 34 and 51, the examiner has not set forth a prima facie case of obviousness,                                     
               therefore, we cannot sustain the rejection of independent claims 34 and 51 nor their                                    
               dependent claims 37, 40 and 52-54.                                                                                      
                                                          CONCLUSION                                                                   

                       To summarize, the decision of the examiner to reject claims 34, 37, 40 and 51-54                                
               under 35 U.S.C. § 103 is reversed.                                                                                      
                                                            REVERSED                                                                   




                                       JOSEPH F. RUGGIERO                              )                                               
                                       Administrative Patent Judge                     )                                               
                                                                                       )                                               
                                                                                       )                                               
                                                                                       )                                               
                                                                                       ) BOARD OF PATENT                               
                                       STUART N. HECKER                                )     APPEALS                                   
                                       Administrative Patent Judge                     )       AND                                     
                                                                                       )  INTERFERENCES                                
                                                                                       )                                               
                                                                                       )                                               
                                                                                       )                                               
                                       JOSEPH L. DIXON                                 )                                               
                                       Administrative Patent Judge                     )                                               


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