Ex Parte Lattimore et al - Page 4




         Appeal No. 2002-0140                                                       
         Application No. 09/435,864                                                 


         the clock signals phase 3 and phase 34, it is clear that the               


         output of the first stage is controlled using the first and                
         second clock signals, as claimed.                                          
              With regard to instant claim 2, it is also clear that the             
         second clock signal, phase 3, is also received in a second stage,          
         logic gates 12 and 13, and the output of the second stage, Vout,           
         is controlled using this second clock signal.                              
              It appears to us that the examiner has indeed established a           
         prima facie case of anticipation with regard to the subject                
         matter of instant claims 1 and 2.                                          
              For their part, appellants contend that Wu does not teach             
         the features of controlling the outputs of the first and second            
         stages using the second clock signal.  For the reasons supra, we           
         disagree.  If the clock signal has an effect on the output, it             
         may be said to “control” the output.                                       
              Appellants also contend that the output of Wu’s circuit is            
         not controlled by an output from a first stage using a first               
         clock signal, but instead, is controlled by the skew effect of             
         the transistors.  Appellants further explain that the circuits of          
         Wu “use the same clocks...but change both the way the transistors          
         are connected throughout the circuit as well as reducing the               

                                        -4–                                         





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