Ex parte DURANTE et al. - Page 8




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

             controllers for performing these operations on the flash cell arrays per se.  It is further            
             stated there that these micro controllers were typically “driven” by the oscillator circuit            
             associated therewith, which is further stated in                                                       
             the sentence bridging pages 1 and 2 to synchronize the operation of the micro controller.              
             The statement in the admitted prior art portion of the specification at the top of page 2              
             relied upon the examiner indicates that the oscillator circuit is disabled after the micro             
             controller executes a user command and shuts down.  This is consistent with the                        
             disablement operation of the oscillator circuit when the operation is complete at the end of           
             claim 1 on appeal.  This disablement of the oscillator is said to halt the micro controller and        
             reduce power consumption in accordance with the preamble of representative                             
             independent claim 1 on appeal.  Lines 7 and 8 of this portion of page 2 of the specification           
             indicates that the “oscillator circuit is then re-enabled when a subsequent user command is            
             received.”  This says nothing more than the fact that the oscillator circuit is not re-enabled         
             or not enabled if a subsequent user command is not received.  This is more consistent with             
             the actual language of the entire disablement clause at the end of representative claim 1              
             on appeal.  Again, as reasoned earlier with respect to the first stated rejection, this is only        
             common sense in the art to the extent                                                                  
             the artisan would fully appreciate operationally the functional sense, to the extent broadly           
             recited, at the end of representative claim 1 on appeal based on the stated functionality of           
             the admitted prior art.                                                                                

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