Ex parte EVOY et al. - Page 5




                  Appeal No. 1997-3156                                                                                                                    
                  Application No. 08/372,423                                                                                                              


                  “predetermined value,” as claimed, of a phase delay at which the operating frequency of                                                 
                  the integrated circuit is changed.  In short, without resorting to pure speculation, there is                                           
                  nothing in Swapp which suggests the changing of an operating frequency of the DUT when                                                  
                  a voltage level of an integrated signal indicates that the phase delay between the output                                               
                  signal of the DUT and a clock signal is longer than a predetermined value.                                                              
                           Accordingly, the examiner’s decision rejecting claims 24, 26, 28-30 and 32 under                                               
                  35 U.S.C.  § 103 is reversed.                                                                                                           
                                                                    REVERSED                                                                              





                                    ERROL A. KRASS                               )                                                                        
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )   BOARD OF PATENT                                             
                                    MICHAEL R. FLEMING            )     APPEALS AND                                                                       
                                    Administrative Patent Judge                           )    INTERFERENCES                                              
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                    PARSHOTAM S. LALL                                     )                                                               
                                    Administrative Patent Judge                           )                                                               


                  vsh                                                                                                                                     


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