Ex Parte THOMAS - Page 4




             Appeal No. 2002-0156                                                               Page 4                
             Application No. 09/300,757                                                                               


             increased, the pulse width of the first output signal would not increase, but the pulse                  
             width of the second output signal would (principal brief-page 15).  Appellant concludes                  
             that                                                                                                     

                           ...although the magnitude of the phase delay between the                                   
                           two signals may be increased, the amount of overlap between                                
                           the first output signal and the second output signal would                                 
                           not increase (principal brief-pages 15-16, bold emphasis in the original).                 

                    We find that the examiner has established a prima facie case of anticipation                      
             which has not been successfully rebutted by appellant’s argument.                                        


                    With regard to Noguchi, Figure 2A is a waveform representative of the input                       
             signal at terminal 1 in Figure 1;  Figure 2B is a waveform representative of the                         
             reference signal at terminal 2 in Figure 1; Figure 2F is a waveform representative of a                  
             first output signal at (f) DOWN in Figure 1; and Figure 2G is a waveform representative                  
             of a second output signal at (g) UP in Figure 1.                                                         


                    As seen in Figures 2F and 2G, the waveforms of the first and second output                        
             signals, or the UP and DOWN signal pulses, overlap different amounts.  For example,                      
             starting from the left and moving toward the right, initially the pulse of the first output              
             signal overlaps about 2/3 of the second output signal pulse, then both pulses are                        
             substantially equal, and, finally, the first output signal pulse overlaps the second output              







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