Ex parte GUTTAG et al. - Page 6




          Appeal No. 96-0908                                                          
          Application 08/160,118                                                      

          art and that person must be presumed to know something about                
          the art apart from what the references expressly disclose.                  
          See In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA                
          1962); In re Oetiker, 977 F.2d 1443, 1447-48, 24 USPQ2d 1443,               
          1446-47 (Fed. Cir. 1992) (Nies, C.J., concurring).                          
               The "art to which the subject matter pertains" in § 103                
          in this case is the art of computer hardware design and                     
          computer instruction set design.  We find that one of ordinary              
          skill in this art has a very high level of education,                       
          training, and experience due to the complex nature of the                   
          subject matter.  One of ordinary skill in this art is presumed              
          to have knowledge of, at least, commercial computer designs                 
          and instruction sets.                                                       

               Content of the prior art                                               
                    Diefendorff                                                       
               Diefendorff discloses a load/store machine for executing               
          graphic Z-compare and pixel merge instructions.  Diefendorff                
          discloses that, in response to a Z-compare instruction, a                   
          first source operand which contains two 32-bit fields (S 0 and              
                                                                  Z                   
          S 1) representing Z-values for two new pixels (S0, S1) is                   
           Z                                                                          
          retrieved from register 52 and a second source operand which                
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