Ex parte AYACHE - Page 6




          Appeal No. 95-3920                                                          
          Application No. 08/151,938                                                  


          poor position to argue that the software implementation of                  
          Watts, which describes the functions and result to be obtained              
          by the instant invention, does not anticipate, and/or make                  
          obvious, the instant claimed subject matter.  We would further              
          note that, in fact, Watts shows more specific hardware than                 
          does appellant.  See Figure 3 of Watts.  We also note, with                 
          some curiosity, that while appellant argues so strongly that                
          the difference between Watts and the instant claimed invention              
          is the use of “hardware” by the latter, instant claims 8                    
          through 11 are directed to a method, containing no “hardware”               
          at all.                                                                     
               Contrary to appellant’s assertion, at page 6 of the                    
          principal brief, that “referring to a ‘hardware implementation              
          ... of Watts’ is confusingly illogical,” we find it very                    
          logical that the artisan implementing the process set forth by              
          Watts in flow diagram form would clearly implement it with                  
          some type of hardware.                                                      
               With regard to appellant’s argument, at page 4 of the                  
          reply brief, that Carter is not combinable with Watts because               
          Carter is directed to stopping the clock, we disagree.  Watts               
          teaches the reduction of clock frequency as in the instant                  
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