Ex parte HORSTMANN et al. - Page 11




          Appeal No. 1997-3241                                                        
          Application 08/442,726                                                      


          4, lines 39-53, counter 10-50 is used to provide a value to                 
          the first register and to each of a plurality of comparators.               
          Each of these comparators is associated with a register.  The               
          comparator compares the counter’s value with the previous                   
          register’s value to determine if the previous register’s value              
          is to be loaded into the comparator’s register.  The result of              
          this operation is that the initialization counter is counting               
          through its entire range, each register is sequentially                     
          assigned a value.  We find that Miu does not disclose that                  
          counter 10-50 is a ripple counter.  Further, we find that the               
          comparison taught by Miu is not performed on the lower order                
          bits while the count is propagating through the higher order                
          bits.  Accordingly, we will not sustain the rejection of                    
          claims 15, 16 and 17 under 35 U.S.C.  102.                                 
               Next, we will consider the rejection of claim 17 under 35              
          U.S.C.  103 as being unpatentable over Okamoto and Moyer.                  
          The Examiner has not set forth a prima facie case.  It is the               
          burden of the Examiner to establish why one having ordinary                 
          skill in the art would have been led to the claimed invention               
          by the express teachings or suggestions found in the prior                  


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