Appeal No. 95-4010
Application 08/082,338
and inappropriate process by which to determine patentability.
In re Denis Rouffet, 1998 U.S. App. LEXIS 16414 (Fed. Cir.
July 15, 1998).
In our careful review of Zolnowsky and Tanagawa, we
find that both Zolnowsky and Tanagawa fail to teach the means
or step of testing the operational validity of the target
instruction and, if inoperable, prevent its execution.
Zolnowsky does not teach a testing of the operational validity
of the instruction before execution, but instead teaches that
the instruction is to be executed first and appropriate steps
taken if the instruction is not operable. We agree that
Tanagawa teaches a protection circuit for preventing execution
of a first type of instruction when the address code output
from the program counter
does not designate any memory location in the first area for
storing the first type of instruction. However, Tanagawa does
not teach a testing of the operational validity of the
instruction, but in fact teaches that the instruction is
operable.
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