Ex Parte ALBERS et al - Page 3




              Appeal No. 2000-0414                                                                                       
              Application No. 08/811,101                                                                                 

                     Claims 1 and 24-35 stand rejected under 35 U.S.C. § 103 as being unpatentable                       
              over Miyashita.                                                                                            
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              appellants regarding the above-noted rejections, we make reference to the examiner's                       
              answer (Paper No. 15, mailed Feb. 19, 1999) for the examiner's reasoning in support of                     
              the rejections, and to appellants' brief1 (Paper No. 14, filed Sep. 28, 1998) and reply                    
              brief (Paper No. 18, filed Mar. 15, 1999) for appellants' arguments thereagainst.                          
                                                       OPINION                                                           
                     In reaching our decision in this appeal, we have given careful consideration to                     
              appellants' specification and claims, to the applied prior art reference, and to the                       
              respective positions articulated by appellants and the examiner.  As a consequence of                      
              our review, we make the determinations which follow.                                                       
                     Appellants argue that the examiner's rejection cannot be valid because the                          
              analysis is based upon flawed interpretation of the Miyashita reference.  (See brief at                    
              page 7.)  We agree with appellants.  The examiner admits that Miyashita does not                           
              teach the generation of the  line data beginning  the clock cycle immediately succeeding                   
              a clock cycle, but relies upon the flow diagram in Figure 6 which the examiner maintains                   
              "suggests the starting of the line draw process immediate[ly] after  finishing [the] input                 


                     1  We note that appellants attached an unsigned proposed amendment to the appeal brief, but         
              chose not to officially file the paper.  Therefore, we decide the appeal on the claims as previously       
              amended.                                                                                                   
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