Ex parte DURANTE et al. - Page 5




             Appeal No. 1999-0045                                                                                   
             Application 08/688,235                                                                                 

             down the so-called write state machine 48 in Figure 1 of this reference to effect power                
             saving operations.  This amounts to another reason for combinability in addition to that               
             provided by the examiner.  The examiner asserts, and we agree, that Fandrich '300                      
             essentially teaches the subject matter of the last clause noted earlier with respect to                
             representative independent claim 1 on appeal, a feature present in each independent                    
             claim on appeal.                                                                                       
                    Appellants' arguments with respect to the first stated rejection at pages 6-8 of the            
             brief are unpersuasive of patentability.  The claimed commands in both references relied               
             upon in the first stated rejection relate to commands to program or erase data in the flash            
             memory itself.  The timing circuitry 42 in Figure 1 of the flash memory device of Fandrich             
             '300 is detailed more particularly in Figure 3 and subsequent figures.  As revealed in the             
             discussion in the paragraph bridging columns 3 and 4, it is stated at lines 8-12 of column 4           
             that “[t]iming circuitry 42 also clearly powers up a clock associated with write state                 
             machine 48 and powers down the write state machine and its clock automatically upon                    
             completion of programming or erasure.”  To the extent recited in each of the claims on                 
             appeal this directly relates to the enablement and disablement of the respective clock or              
             oscillator circuits of each of the independent claims on appeal.  This is more specifically            
             recited at the bottom of column 5 where it is stated at lines 53 and 54 that the “automatic            
             powering down of the WSM [write state machine] 48 cleanly shuts down the WSM                           



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