Ex parte YAMANAKA et al. - Page 7




          Appeal No. 1999-2256                                       Page 7           
          Application No. 08/686,477                                                  


               Having determined what subject matter is being claimed,                
          the next inquiry is whether the subject matter is obvious.                  
          "’A prima facie case of obviousness is established when the                 
          teachings from the prior art itself would appear to have                    
          suggested the claimed subject matter to a person of ordinary                
          skill in the art.’"  In re Bell, 991 F.2d 781, 782, 26 USPQ2d               
          1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d               
          1048, 1051, 189 USPQ 143, 147 (CCPA 1976)).                                 


               Here, as noted by the examiner, Mager does place “a                    
          binary counter 2900 operative to receive a clock signal of                  
          154kc on 2905 from a source ... at terminal ‘CLK,’” col. 26,                
          ll. 13-16, in a state of indefinite reset.  Specifically,                   
          “[c]oncurrent receipt of a D0 signal from data bus 195A and a               
          CPU command signal on line 3100 by AND gate 3120 will enable                
          oiutputting [sic] thereof on line 3125 thereby putting time                 
          2900 in indefinite reset and locking out fault detection until              
          the data bus D0 signal is removed.”  Col. 27, ll. 47-51.  The               
          examiner fails to show, however, that placing the binary                    
          counter in the state of indefinite reset halts the supply of                








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