Ex Parte CHU et al - Page 5




          Appeal No. 2002-0286                                                        
          Application No. 09/113,995                                                  


          made by the examiner as to where, in Luk, or any other applied              
          reference, is shown the buffer circuit, as claimed.                         
               While the instant claims may appear to be broad, the initial           
          burden is on the examiner to show unpatentability.  By failing to           
          show where any of the applied references discloses or suggests a            
          single cell including a signal processing circuit, a buffer                 
          circuit for buffering a signal external to the integrated circuit           
          in which the cell is included, and layout information, as                   
          claimed, the examiner has failed to establish a prima facie case            
          of anticipation.                                                            
               Accordingly, we will not sustain the rejection of claims               
          1-30 under either 35 U.S.C.  §102(e) or (b).  The examiner’s                
          decision is reversed.                                                       
                                      REVERSED                                        


                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         LEE E. BARRETT                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         MAHSHID D. SAADAT             )                              
                         Administrative Patent Judge   )                              
          EAK:clm                                                                     

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