Bigplay Re: line 22 - In fact, the invention of the ‘336 patent, if achievable
posted on
May 09, 2007 09:42AM
If you read on from line 22 through 25, Gafford in 25 uses an example. In Despains supplemental doc. at 168 he refutes Gaffords claims as follows.
168. Defendants make statements about
Magar in their 336 Brief that are inaccurate<?XML:NAMESPACE PREFIX = O />
and misleading. Specifically, Defendants
claim that the crystal in Magar "serves as a reference
signal for the clock generator to lock onto.
See Gafford Decl. ¶ 25." Defendants' 336 Brief at 7
(emphasis added). Yet, a "reference
signal" and the concept of "locking" are specific technical
terms with specific meanings, and have
nothing at all to do with the clock generator and external
crystal of Magar. For example, in my
original declaration, I explained how a DLL delay-"locks"
an internal clock signal onto an external
"reference signal" using offsetting delay. Despain ¶ 51.
This locking typically involves the use of
a comparator, which is a circuit element that receives
two different inputs (like a reference
signal and a second signal), determines the difference
between their values, and outputs that
difference as a signal. This output signal of the
comparator can be used to do different
things, like to determine an offsetting delay in
conjunction with a DLL. The output signal
of the comparator can also be used in conjunction
with a feedback loop to adjust the second
signal until it is close in value in frequency or phase
(e.g.) to the reference signal,
thereby frequency- or phase-locking the two signals. The key point
is that none of this functionality is
taught in Magar. Tellingly, Mr. Gafford agrees, as he never
describes Magar as teaching a reference
signal or locking functionality, contrary to Defendants'
cite of his declaration for this
proposition. Instead, Mr. Gafford merely notes that the external
crystal of Magar "controls" the
frequency of the clock generator, and is therefore the "dominant
influence" on the frequency of the
clock generator. Gafford ¶ 25.
169. Defendants similarly claim that the
applicants distinguished over prior art chips in
which an off-chip crystal is used as a
"reference signal" for the on-chip clock circuitry.
Defendants' 336 Brief at 12-13 (emphasis
added). They quote applicants' attorney's statements
referring to the Edwards patent, discussed
above, as well as two additional references, Palmer
and Pohlman et al. See Amd. <?XML:NAMESPACE PREFIX = ST1 />7/3/97 at 4, Ex. 8. But as described above,
Edwards does not teach
an oscillator of any kind, and the
applicants' attorney described the teachings of the other two
- 4 -
references as "systems [that] operate
at a frequency determined by the external crystal," i.e.,
conventional crystal oscillators. Id.; Defendants' 336 Brief at 12. Because these references
disclose traditional crystal oscillators,
they are no different in this regard than Magar, and in no
way teach a reference signal, second
signal, comparator, or delay / frequency / phase locking
functionality.
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