Ex Parte Harris - Page 3




              Appeal No. 2006-2332                                                                                     
              Application No. 09/751,610                                                                               

                     The examiner relies on the following references:                                                  
              Epstein                            4,093,870                          Jun.  6, 1978                      
              Li                                 5,058,132                          Oct. 15, 1991                      
              M. Morris Mano (Mano), Computer Engineering Hardware Design 130-32, Prentice-Hall,                       
              Inc. (1988).                                                                                             
                     Claims 1-3, 20-24, 26-29, 31-37, 39-45, 47, and 48 stand rejected under 35                        
              U.S.C. § 103 as being unpatentable over Li, Epstein, and Mano.                                           
                     We refer to the Final Rejection (mailed Apr. 28, 2005) and the Examiner’s                         
              Answer (mailed Mar. 13, 2006) for a statement of the examiner’s position and to the                      
              Brief (filed Jan. 9, 2006) and the Reply Brief (filed May 11, 2006) for appellant’s position             
              with respect to the claims which stand rejected.                                                         


                                                      OPINION                                                          
                     Based on appellant’s arguments in the Brief, we will select claim 20 to decide the                
              appeal from the rejection that is applied against all of the claims.  See 37 CFR                         
              § 41.37(c)(1)(vii).                                                                                      
                     The examiner finds that Li describes a circuit (Fig. 2) for dividing an input clock               
              signal into N (N=5) clock signals having a relative phase separation of 360/2N, the                      
              circuit including a phase lock loop circuit 102 in the general arrangement as claimed.                   
              The examiner further finds that Li describes a Johnson counter (114; Fig. 2) comprised                   
              of five flip-flops to make up five stages, referring to column 5, lines 50 through 64 of Li.             

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