Ex parte PETLER - Page 7




          Appeal No. 1997-4115                                       Page 7           
          Application No. 08/325,765                                                  


          the claimed subject matter to a person of ordinary skill in                 
          the art.  (3) If the examiner fails to establish a prima facie              
          case, his obviousness rejection will be reversed.  With these               
          in mind, we analyze the appellant’s arguments.                              


               The appellant argues, “Chandra gives no information about              
          how flip-flops are used or could be used within any finite                  
          state machine.  Chandra does not even mention the term ‘flip-               
          flop’.”  (Appeal Br. at 8.)  He adds, “Washabaugh does not                  
          disclose or suggest the use of flip-flops to store outputs of               
          a finite state machine, but rather, specifically teaches the                
          use of separate storage elements to store the state of the                  
          finite state machine.  See Figure 3 and column 4, lines 17                  
          through 18.”  (Id. at 9.)                                                   
          The examiner replies, “Washabaugh does teach the                            
          implementation of flip flops as claimed.”  (Examiner’s Answer               
          at 10.)  He adds, “applicants are [sic] suggested to look                   
          closely to the language of columns 5 (line 51) - column 7                   
          (line 22) of the Washabaugh reference in which state                        










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