Ex parte GRIESS et al. - Page 4




          Appeal No. 96-1439                                                          
          Application 08/338,976                                                      


          system in Fig. 2.  This analogizes to a sequence of                         
          programming operations by program instruction sequencing,                   
          which is further buttressed by the statement at col. 4,                     
          beginning at line 36 relating to the operation of a program                 
          counter utilized to control the sequencing of “operations so                
          as to provide a desired program flow.”  Column 4, lines 43 and              
          44.                                                                         
               Notwithstanding appellants’ and the examiner’s respective              
          positions in the briefs and answer, it appears to us that the               
          claimed first means corresponds to the operations performed at              
          step D3 in Fig. 1 while the operations performed in claim 1's               
          second means corresponds to the function in program flow                    
          position D6.  This first recitation of a retry operation in                 
          claim 1 does not require it to be performed at the same or a                
          different (higher or lower) clock cycle time.  Continuing, the              
          claimed third means also relates to the node exiting the D6                 
          program flow block in Fig. 1 while the claimed fourth means                 
          relates to the operations performed at labeled block D9.  The               
          “varying” instruction processing cycle time of the claim does               
          not indicate whether it is increased or decreased.  The                     
          discussion at col. 2 of Missios indicates that the same                     
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