Ex parte MIYAGI et al. - Page 5




          Appeal No. 1998-0441                                                        
          Application 08/713,089                                                      

          from the level converting circuit 9 using external power                    
          source voltages VCC and VSS, as shown in Figure 5 (EA4-5).                  
               Appellants respond that the level of PV is nonetheless                 
          dependent upon VCC (RBr5):                                                  
               Thus, when VCC changes, PV changes and degrades the                    
               performance of the ring oscillator.  PV is described as                
               being at a constant level only because the PLL 2 is                    
               placed in a stable state and is no longer hunting for a                
               desired frequency.  Thus, PV is "constant" because the                 
               desired frequency has been reached.  However, even                     
               during stable operation PV is dependent upon VCC.                      
               Motegi simply does not teach the elimination of power                  
               source voltage dependency on the operating frequency of                
               a ring oscillator.                                                     
               The Examiner does not respond to this argument.                        
          Therefore, we are without guidance on whether the Examiner's                
          position is based on some portion of Motegi which the                       
          Examiner has not pointed out or on some unexpressed claim                   
          interpretation.                                                             
               We agree with Appellants that the Examiner has failed                  
          to show that PV remains a constant voltage regardless of the                
          power source voltage.  There is no discussion in Motegi that                
          PV remains constant over different values of the power                      
          supply voltage VCC and VSS for the circuit in Figure 5.  Nor                
          does it appear that the circuit in Figure 5 inherently acts                 
          as a constant voltage circuit.  Accordingly, the Examiner                   
                                        - 5 -                                         





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