Ex parte POLAND - Page 6




          Appeal No. 1997-0918                                                         
          Application 08/160,301                                                       



          selection is not conditional according to the claimed version                
          in claims 1 and 5 on appeal.  In our view, the examiner                      
          correctly points out at the bottom of page 1 of the                          
          supplemental examiner's answer filed on July 31, 1996 that the               
          version of claims 1 and 5 has no unconditional recitation to                 
          justify appellant's argument.  In fact, this is somewhat an                  
          anomalous argument because the title of appellant's invention                
          indicates that there is a conditional source selection of a                  
          prior difference or a left shifted remainder according to the                
          invention anyway.  Note also page 243, lines 8 and 9 of                      
          appellant's disclosure.                                                      


               In any event, it is clear from the teachings of Yamaoka                 
          that under certain conditions, the selector 6 does select the                
          previously determined intermediate data word, which has been                 
          previously left shifted by shifter 2 and placed in register A0               
          and then is fed by line 6A to the adder/subtractor 1 in                      
          accordance with the subtraction feature argued in accordance                 
          with the recitations of both independent claims 1 and 5 on                   
          appeal.                                                                      

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