Ex parte MIYAGI et al. - Page 11




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

               The most relevant of these references is Anderson,                     
          which discloses a ring oscillator with a voltage                            
          compensation circuit that "provides a compensated supply                    
          voltage at node 44 to each of the inverters in the ring                     
          oscillator 12" (col. 2, lines 51-52).  However, Appellants                  
          argue that "Anderson fails to disclose or suggest the use of                
          constant current elements disposed between the series-                      
          connected inverter circuits" (Br24).  The Examiner has                      
          failed to advance any reasoning why one of ordinary skill in                
          the art would have sought to apply the voltage compensation                 
          circuit of Anderson into a ring oscillator circuit having                   
          constant current elements and, thus, has failed to establish                
          a prima facie case of obviousness.  The other references are                
          less relevant than Anderson.  Therefore, the rejection of                   
          claims 2, 3, 7-9, 11-14, 16, and 17 is reversed.                            

               Claim 19                                                               
               Claim 19 is directed to a non-volatile memory device                   
          including "the oscillator circuit according to claim 7."  We                
          construe claim 19 as a dependent claim for fee calculation                  
          purposes although it would be equally possible to interpret                 
          it as an independent claim which incorporates by reference                  
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