Ex Parte Carr - Page 8




          Appeal No.2003-1091                                                         
          Application No. 09/484,248                                                  

          operation to approximate the language of appealed claim 14, all             
          currently selected delay elements would have to be deselected, a            
          value shift performed in the shift register, followed by a                  
          selection of the newly selected elements, an operation not                  
          supported by the disclosure of Butcher.  Accordingly, since all             
          of the limitations of claim 14 are not present in the disclosure            
          of Butcher, the Examiner’s 35 U.S.C. § 102(b) rejection of claim            
          14 is not sustained.                                                        
               We also do not sustain the Examiner’s 35 U.S.C. § 103(a)               
          rejection of claims 15-17, dependent on claim 14, in which the              
          Takano reference is added to Butcher to address the logic gate              
          details of these claims.  We find nothing, however, in Takano               
          which would overcome the innate deficiency of Butcher in                    
          disclosing the single step selection of a plurality of delay                
          elements as discussed supra.                                                
               We do, however, sustain the Examiner’s 35 U.S.C. § 103(a)              
          rejections of claims 2-8, 11-13, and 18-20 based on the                     
          combination of Butcher and Takano, and of claims 9 and 10 based             
          on the combination of Butcher and the admitted prior art.  Our              
          review of the Examiner’s analysis at pages 5-8 of the Answer                
          reveals no error in the Examiner’s position.  Appellant’s                   
          arguments in the principal Brief with respect to these claims               

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