Ex parte GRIESS et al. - Page 11




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


          the overall system or an operation associated with “at least                
          one” of an instruction, which features are clearly taught or                
          clearly inferred from an artisan’s perspective from the                     
          identified teachings and showings in Missios.  We therefore do              
          not agree with appellants’ assertions that the reference                    
          teaches away from the features recited as identified by us in               
          our earlier discussion.                                                     
               To the extent Missios clearly teaches a testing procedure              
          to determine which of a plurality of clock periods and error                
          is occurring for specific identification purposes, it clearly               
          would have been obvious to the artisan to have performed                    
          similar operations with respect to actual instruction                       
          sequences to determine which of a plurality of instructions                 
          caused a given error or operation associated therewith.  Such               
          a check point retry operation known in the prior art as                     
          identified at page 2 of appellants’ specification discussing                
          the prior art is analogous to the features of Missios.                      
          Furthermore, it goes without saying that the feature of                     
          retrying operations in the claims that recite such a feature                
          is clearly analogous to the repeating operations associated                 
          with the network in Missios.  Indeed, the known self-test                   
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