Ex parte KAHLE et al. - Page 4




          Appeal No. 96-2445                                                          
          Application 08/289,801                                                      


          references relied upon would have been properly combinable                  
          within 35 U.S.C. § 103 from an artisan's perspective.                       
               Our study of the claims on appeal indicates that the                   
          subject matter of method independent claim 9 is mirrored in                 
          apparatus independent claim 12 on appeal.  The body of each                 
          independent claim reflects subject matter and specific                      
          elements previously recited in the preamble of each respective              
          claim including the loadability of instructions in parallel                 
          into an associated instruction buffer.  Claim 9 further                     
          recites the feature of “serially shifting remaining                         
          instructions within said associated instruction buffer.”                    
          Appellants argue at page 6 of the brief that Rasbold does not               
          show or suggest in any way this feature, and also argue at two              
          locations on page 7 of the brief that Boufarah does not teach               
          or suggest the same feature.  With this                                     
          thrice argued position of the appellants, we agree.                         
               There is no teaching or suggestion or structural showing               
          of such feature in either reference including Figure 3 of                   
          Boufarah, which figure appears to most structurally relate to               
          the disclosed and claimed invention of any of the figures of                
          the two references relied upon.  As disclosed, this serial                  
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