Ex parte FETTERMAN et al. - Page 7




          Appeal No. 1999-0498                                                        
          Application 08/532,225                                                      


          availability rather than source data availability like the                  
          present invention.  The examiner points to page 113 of Nguyen               
          and disagrees with this argument [answer, pages 8-9].                       
          We agree with the position argued by appellants.  The                       
          portion of Nguyen relied on by the examiner only suggests that              
          Nguyen determines when functional execution units (a resource)              
          will become available.  The examiner equates this with source               
          operand availability, but we do not see the connection.                     
          Although the availability of a functional unit in Nguyen means              
          that all the instructions have been completed by that unit,                 
          there is no teaching or suggestion that these instructions                  
          have any relationship to the instruction that the                           
          microprocessor currently wishes to execute.  In other words,                
          the availability of the functional unit in Nguyen does not                  
          mean that an instruction is scheduled for dispatch prior to                 
          the source operand being computed.  Nguyen saves time by                    
          dispatching instructions just before the functional unit                    
          becomes available, but Nguyen does not teach or suggest that                
          instructions can be dispatched before a needed source operand               
          is computed.  The lack of a needed source operand being                     
          computed would appear to stall the processing in Nguyen in the              
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