Ex Parte Lattimore et al - Page 8




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


         518.                                                                       
              Appellants’ only argument in this regard is that the first            
         transistor is not connected to an output port of the logic device          
         516 in Levy, as required by the language of claim 9.                       
              While we understand the difference between the instant                
         invention and that disclosed by Levy, the instant claim language           
         does not require a direct connection.  The connection of                   
         transistor Q3 in Levy to output port 517 through logic device 516          
         is not precluded by the instant claim language.                            
              Accordingly, we will sustain the rejection of claim 9, and            
         of claims 14, 15 and 17, dependent thereon, since appellants do            
         not separately argue the merits of these claims, under 35 U.S.C.           
         § 102(b).                                                                  
              Finally, we turn to the rejection of claim 7 under 35 U.S.C.          
         § 103.                                                                     
              Claim 7 depends from claim 1 through claim 6 and adds the             
         further limitation that stabilizing the output further comprises           
         “creating a full keeper, wherein the full keeper holds the                 
         output.”                                                                   
             The examiner’s position is that while Wu does not disclose            
         such a “full keeper,” APA shows such a full keeper at I106, P108           
         and N106, connected to an output of a stage for the purpose of             
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