Ex Parte TRETTER et al - Page 6



            Appeal No. 2004-2368                                                                          
            Application No. 09/395,854                                                Page 6              

            tester if latch 1 or latch 0 is bad, since they are both                                      
            downstream of the probe.  As a result, this example (method) does                             
            not teach “‘a re-detection of the defect by the                                               
            retesting...indicates that the first stage is non-defective, and                              
            a detection of no defect...indicates that the first stage is                                  
            defective.’”                                                                                  
                  The last example provided by appellants (brief, page 8) uses                            
            the same example of the two latches labeled 1 and 0.  However, in                             
            this example, the probe is moved from the input of latch 1 to the                             
            output of latch 1.  Once again, latch 1 is bypassed, but the                                  
            initial testing would have to have shown good data from latch 1                               
            in order to move the probe to the right.  Thus, this example does                             
            not meet the claimed feature of first detecting a defect before                               
            retesting the integrated circuit.  Since latch 1's data output                                
            was good, the result is that the claimed feature of "a detection                              
            of no defect .... indicates that the first stage is defective" is                             
            not met.                                                                                      
                  The examiner's position (answer, page 4 and 5) directs our                              
            attention to the scan-chain probing disclosed in figure 5 of                                  
            Lindberg.  In addition, the examiner creates an example (answer,                              
            page 5) using Lindberg's method.  In the example, the examiner                                
            divides the sixteen latches into first and second circuit stages                              





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