Ex parte YAMAKI - Page 7




          Appeal No. 1997-0636                                                        
          Application No. 08/312,959                                                  


          with Akahori, Yamada describes the storing of test                          
          instructions in a program memory 301 (Yamada, page 2, lines                 
          15-17), but is silent as to any control of such operation by                
          reset control switch 11.                                                    
               In view of the above discussion, it is our opinion that,               
          since all of the limitations of independent claim 1 are not                 
          taught or suggested by the applied prior art, the Examiner has              
          not established a prima facie case of obviousness.                          
          Accordingly, we do not sustain the 35 U.S.C. § 103 rejection                
          of independent claim 1, nor of claims 3 and 4 dependent                     
          thereon.                                                                    
               With respect to dependent claim 2, it is apparent from                 
          the Examiner’s analysis at page 6 of the Answer that Mori was               
          added to the combination of Akahori and Yamada for the sole                 
          purpose of addressing the logical “OR” circuitry limitation.                
          The Mori reference is directed to a battery saving feature in               
          a radio paging receiver; however, we can find no teaching or                
          suggestion of a control switch which performs both data                     
          writing control and test mode initiating.  As such, Mori has                
          no disclosure which would overcome the innate deficiencies of               


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