Appeal No. 1999-2702
Application No. 08/509,867
the use of multiplexers of discrete switches in column 18. The examiner further maintains
that Phillips discloses independent control of the control lines at column 9. We disagree
with appellant. At column 9, Phillips merely sets forth an introduction to permutations in
general. At column 18, lines 28-40, Phillips discloses that certain paths must be
independently controlled, but not all paths. In our view, this is not a teaching of independent
control of all paths, but only those for the specific functions with respect to the IBM 370.
Nor do we find that Phillips discloses that the control signals to at least one multiplexer in
said stage that differ from the control signals provided to another multiplexer in the same
stage, as recited in independent claim 8. Appellant argues that claim 8 requires that the
control lines of one of the multiplexer stages in the conventional shifter from a plurality of
multiplexer stages be independently controlled to provide a permutation function. (See
brief at page 8). We agree with appellant that the examiner has not addressed the use of
a conventional shifter in a system being controlled to generate permutations. In response
to appellant’s argument, the examiner cites to columns 3, 6, and 18 of Phillips, but we find
no teaching of differing the control of the shifter to perform permutations. Therefore, we will
not sustain the examiner's rejection of claim 8 under 35 U.S.C. § 103.
With respect to dependent claims 4, 6 and 7, the examiner's rejection under
8
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