Ex parte REYNOLDS - Page 4




          Appeal No. 1998-3024                                                        
          Application No. 08/464,298                                                  


               According to the examiner (Answer, page 4), “the prior                 
          art Fig. 1 fails to show that the clock signals provided to                 
          the gates 18 and 20 are delayed signals of the clock signals                
          to the first and second signal sources 10-12 as required by                 
          claims 4 and 7.”  For such a teaching, the examiner turns to                
          Archer which “teaches in Fig. 1 that a clock signal to a                    
          signal source B can be provided to a transmission gate 3 after              
          a certain delay to protect ‘against the flip-flops                          
          synchronizing in an unstable state due to the critical period               
          of the sampling edge of the clock pulse’” (Answer, page 4).                 
          In view of the teachings of Archer, the examiner concludes                  
          that it would have been obvious to the skilled artisan “to use              
          the delay circuit T of Archer at the output of each clock                   
          means 14 and 16 of the prior art Fig. 1 in order to delay each              
          output to thereby protect ‘against the flip-flops                           
          synchronizing in an unstable state’ and enable ‘the output                  
          information of the flip-flop only after a time T after which                
          the probability of being in an unstable state is acceptable’”               
          (Answer, page 5).                                                           
               Appellant argues inter alia that claims 4 and 7 recite                 
          “first and second phase-shifting means to develop phase-                    
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