Ex parte FUJII et al. - Page 7




          Appeal No. 1997-2161                                                        
          Application 08/172,170                                                      



          is used to store an instruction prior to decoding by the                    
          decoder, element 203, and a plurality of register banks,                    
          element 205.  The Examiner argues that the type of access to                
          the registers is determined by the fields in the instructions.              
                    Appellants argue on page 6 of the brief that Sakuma               
          fails to teach or suggest the physical register number forming              
          means which is connected to a plurality of register queues for              
          combining a logical register number designated in an instruc-               
          tion into a physical register number which indicates a partic-              
          ular register queue of plural register queues and for trans-                
          ferring  the physical register number to the plurality of                   
          register queues so as to identify a particular register queue               
          as recited in Appellants' claim 1.  Appellants argue that the               
          Examiner has erred by failing to find any teaching or sugges-               
          tion in Sakuma of a physical register number forming means as               
          recited in claim 1.                                                         
                    The Examiner has failed to set forth a prima facie                
          case.  It is axiomatic that anticipation of a claim under                   
          § 102 can be found only if the prior art reference discloses                
          every element of the claim.  See In re King, 801 F.2d 1324,                 

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