Ex parte ASANO et al. - Page 8




          Appeal No. 1996-2197                                                        
          Application 08/150,548                                                      


          We are not persuaded by the examiner’s averment that                        
          simultaneously starting the processing after all fetching is                
          done is an "inherent feature in the system" (Answer, page 3).               
          We cannot agree with the examiner’s circular reasoning                      
          (Answer, page 5) that if all sub-regions were merged into one               
          region, then all processing would start simultaneously after                
          all the sub-regions were fetched.  The fact is that                         
          appellants’ admitted prior art, as well as the subject matter               
          on appeal, concern one frame which is made up of plural                     
          assigned frame regions or sub-regions.  We agree with                       
          appellants that "no variations of the prior art system [which               
          does not simultaneously start] are discussed in the                         
          specification" and that the "specification does not teach or                
          suggest any variations or modifications" (Reply Brief, page                 
          3).  "Nothing in the specification suggests that sub-regions                
          can be eliminated in the prior art systems" (Reply Brief,                   
          pages 3 to 4).  Accordingly, we find that it would not have                 
          been obvious to the ordinary skilled artisan to simultaneously              
          start processing after fetching all of the assigned frame                   
          regions as required by representative claim 5 on appeal.                    
               Lastly, we do not agree with the examiner that "any                    
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