Ex parte LEE et al. - Page 13




          Appeal No. 1997-2297                                      Page 13           
          Application No. 08/337,636                                                  


          hysteresis transistors that have the same gate width as the                 
          drive transistors (col. 3, lines 39-45 and col. 4, lines 35-                
          39), McClure still discloses that it is conventional for the                
          drive transistors 2n to be three to five times the size of the              
          drive transistors 2p depending on the threshold voltage.  From              
          these teachings of the prior art, we find that an artisan                   
          would have been taught that the pull-down transistors be five               
          times the size of the pull-up transistors.                                  
               Appellants further assert (brief, page 5) that the ratios              
          disclosed in the references and used in the rejections are not              
          the ratios claimed.  We note that claim 10 additionally                     
          recites, similar to claim 1 but somewhat broader, that the                  
          first gate size of a pull-down device of the buffer is greater              
          than the first gate size.  As Koker discloses (col. 8, lines                
          8-17) that the inverter INV1 has a gate width that is the same              
          6 micron size as the width of transistor P1pa, and McClure is               
          silent as to the size of the inverter, we find that the prior               
          art does not teach or suggest that the first input gate size                
          of a pull-down device of the buffer is greater than the first               
          gate size, as recited in claim 10.  Accordingly, we cannot                  
          sustain the examiner's rejection of claim 10, or claim 11                   







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