Appeal No. 2003-0882 Page 6
Application No. 09/911,198
the EN signal is grounded (the alleged sleep mode) (reply brief,
page 4).
A review of Jung reveals that the reference relates to a
sense amplifier which “senses and amplifies a voltage level of
data stored in memory cells within a semiconductor memory device”
(col 1, lines 8-10). Figure 2 incorporates an input, output, and
latch structure (Q5-Q8) (col 3, lines 14-15). Reviewing Fig. 3A-
3C, when the signal at the EN terminal is grounded (5ns), the
signal at the Output terminal (N10) attains a voltage level
between Gnd and Vcc. Upon EN going HIGH (~8ns), output quickly
approaches Vcc and remains constant until EN goes LOW [assumed
sleep mode] (~28ns) causing Output to return to a value located
between Gnd and Vcc.
The examiner characterizes a sleep mode as an integral
element of the claimed invention present in Jung. There is,
however, no correlation to this interpretation found in the
reference because even if assuming, arguendo, that data could be
“programmed” into the latch circuit (Q5-Q8), when the argued
sleep mode was activated (Q10 LOW), the claim language would not
be met by Jung because, as asserted by appellants (reply brief,
page 4) no current flows between the source and drain of the
transistor Q10 when Q10 is LOW. For current to flow, there must
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