Ex Parte Zandveld et al - Page 5




               Appeal No. 2006-1303                                                                                                  
               Application No. 10/000,667                                                                                            


               provide for the interleaving of instructions from the same instruction set, as provided by the                        
               instant claims.                                                                                                       
                       The instant claims are very clear about this not only in reciting a set (i.e., a single set) of               
               instructions, but also in the specific recitation of “a set of logically successive instructions”                     
               (emphasis added).  As appellant has pointed out (brief-page 6), the interleaved instructions of                       
               Davis may be in a sequence, but they are merely in a temporal relationship, in that first one                         
               instruction is addressed and then another instruction, from a separate instruction set, is addressed.                 
               The interleaved instructions in Davis are not “logically successive” because an instruction                           
               addressed in memory bank 220 is not in the same instruction set as, and therefore                                     
               has no logical connection to, the subsequently addressed instruction from memory bank 230.                            
                       Therefore, Davis does not disclose or suggest the claimed “set of logically successive                        
               instructions” wherein a first memory bank stores a first instruction of the [same] set of logically                   
               successive instructions and the second memory bank stores a second instruction of the set [the                        
               same set] of logically successive instructions.                                                                       
                       The examiner’s argument that it is “well known” that computer instructions in a program                       
               are inherently in sequential order is not persuasive.  What the examiner says is true but it has no                   
               bearing on the instant claim limitations which requires two independently addressable memory                          
               banks, each for storing separate instructions from the same single set of logically successive                        




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