Ex parte KAMIYAMA et al. - Page 10




              Appeal No. 96-2446                                                                                        
              Application 08/246,179                                                                                    


              respective positions articulated by the appellants and the Examiner.  Upon evaluation of all              
              the evidence before us, it is our conclusion that the evidence adduced by the examiner is                 
              not sufficient to establish a prima facie case of obviousness with respect to claim 1.                    
              Accordingly, we will not sustain the Examiner's rejection of claim 1 under 35 U.S.C. § 103.               
                     Claim 10 contains similar limitations to claim 1 with respect to "a plurality of flag              
              storage units each storing flag groups to be changed based on different bit widths in an                  
              operation result" and "changing said flag groups based on a data width of a calculating                   
              operation result produced by said calculator" and "selecting a selected flag group                        
              corresponding to a data width designated by a decoded branch instruction."                                
                     Claim 12 contains limitations similar to claim 1 with respect to "a calculator . . . to            
              produce calculator results along with a plurality of flag groups" and "flag selecting means               
              for selecting an appropriate flag group in accordance an indication of data bit width in an               
              conditional branch instruction decoded by the instruction decoding unit."                                 
              Claim 12 further recites the limitation "simultaneously storing the plurality of flag groups."            
                     Since all the limitations of independent claims 1, 10 and 12 are not taught or                     
              suggested by the applied prior art, we cannot sustain the Examiner's rejection of appealed                
              claims 2-9 and 11 which depend therefrom, under 35 U.S.C. § 103.                                          
                                                    CONCLUSION                                                          

                     To summarize, the decision of the Examiner rejecting  claims 1-12 under 35 U.S.C.                  


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