Ex parte DURANTE et al. - Page 6




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

             oscillator.”  By implication then, the corresponding powering up operation would therefore             
             power up or enable the WSM oscillator.                                                                 
                    The above-quoted portion of column 4 indicates that the clock is disabled during the            
             powering down operation “upon completion of programming or erasure.”  Obviously, within                
             35 U.S.C. § 103, the artisan would have recognized that no power down operation would                  
             have occurred unless completion of programming or erasure operations would have                        
             occurred.  Correspondingly, the disabling operations of the oscillator circuit are stated at           
             the end of representative claim 1 on appeal to occur when the operation, that is, a                    
             command operation, is complete.  This is consistent with the language quoted above from                
             column 4.  These features are further developed in the entire discussion of column 5 as                
             well.  However, the claim goes on to indicate that the disablement of the oscillator occurs            
             when the operation is complete “if a subsequent user command is not being received over                
             the host bus.”  By implication, and the claims require, there will be no disablement                   
             operation of the oscillator if subsequent user commands are received over the host bus.                
             Obviously, the system would not be permitted to shut down if more work was needed to be                
             done.  All this in fact is only common sense in the art anyway as well as reasonably taught            
             and suggested to the artisan according to the earlier noted teachings in Fandrich '300.                
                    The examiner's responsive arguments portion of the answer at page 15 as to this                 
             first stated rejection again brings in the basic teaching of Fandrich '256 concerning the              
             existence of a queue for storing addresses and data that have been received by the flash               

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