Ex Parte JIA et al - Page 6


         Appeal No. 2002-0142                                                       
         Application No. 09/248,957                                 Page 6          

         flip-flop circuits 1 and 2 (see figure 6 and col. 7, lines 26-             
         29).  We agree with appellants that as shown in figure 7,                  
         referred to by the examiner, elements 29 and 44 are arranged               
         significantly differently than elements 42 and 38, and therefore           
         do not establish that signal Q and signal Q have equal delay               
         times.  We are not persuaded by the examiner's (answer, pages 6            
         and 7) choosing from the circuit of figure 7, portions of the              
         circuit that also pertain to the circuit of figure 3, in an                
         attempt to read Sato on the claimed invention.  In sum, we find            
         that the examiner has failed to point to any showing in Sato that          
         establishes equal delay times for the signals Q and Q.  From all           
         of the above, we find that the examiner has failed to establish a          
         prima facie case of anticipation of claim 1.  Accordingly, the             
         rejection of claim 1 under 35 U.S.C. § 102(b) is reversed.                 
              We turn next to independent claims 5-8.  The issue with               
         respect to these claims relates to a circuit to provide                    
         asynchronous operation of the "first stage" (claim 5), "set                
         signal" (claim 6), "reset signal"(claim 7), and "set and reset"            
         signals (claim 8).  Beginning with claim 5, appellant asserts              
         (brief, page 9) that inverters 40 and 45 and transistors 35, 37,           
         41, and 43, relied upon by the examiner (answer, page 5), are              
         dependent upon the next clock signal CL2, and consequently, the            





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