Ex Parte Lattimore et al - Page 5




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


         number of transistors in the circuit” (brief-page 5).  We are              
         unsure of the point appellants are making.  If the clock signals           
         control the transistors and the skew effect of the transistors             
         control the output, it seems clear that the clock signals control          
         the output.                                                                
              In any event, we suspect appellants are not considering the           
         breadth of the claims at issue.  For example, all that is                  
         required by claim 1 is that both a first and second clock signal           
         be received by the first stage (clearly, stage 11 in Wu receives           
         both a clock signal phase 34 and a clock signal phase 3) and that          
         an output of the first stage is controlled using both the first            
         and second clock signals (since both clock signals are input in            
         the first stage in Wu and the output is dependent on those clock           
         signals, it is clear that the first stage is controlled by the             
         clock signals).  Accordingly, Wu is seen to anticipate the                 
         subject matter claim 1, as well as claim 2.                                
              It is noted that nowhere do appellants argue or deny that Wu          
         is directed to a method for dealing with an unspecified underlap           
         requirement in timing-sensitive dynamic circuits of a multi-               
         clocked system, as claimed.  The problem of “clock-skew race,”             
         described by Wu, appears to be the same problem to which the               
         instant claimed subject matter is directed.                                

                                        -5–                                         





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