Ex Parte Steele - Page 3

                Appeal 2007-1469                                                                             
                Application 10/035,579                                                                       

                      The Examiner contends that it would have been obvious to store the                     
                “result with its tag as a resulting operand” to quickly determine its status.                
                (Answer 4).  The Examiner apparently alternatively contends that the “tag                    
                value is clearly stored within the operand.” (Answer 6).                                     
                      We reverse.                                                                            

                                                 ISSUE(S)                                                    
                      Has Appellant shown that the Examiner has failed to establish Lynch                    
                suggests “a resulting floating point operand containing the square root of the               
                first floating point operand and a resulting status embedded within the                      
                resulting floating point operand” as required by claim 1?                                    

                                           FINDINGS OF FACT                                                  
                      The following Findings of Fact (FF) are shown by a preponderance of                    
                the evidence.                                                                                
                      1.    The prior art Lynch patent describes that the “FPU [floating                     
                point unit] core 94 uses the tag value associated with an operand to                         
                determine whether the operand is a special floating point number.”  (Col. 16,                
                ll. 62-65).                                                                                  

                                          PRINCIPLES OF LAW                                                  
                      “Section 103 forbids issuance of a patent when ‘the differences                        
                between the subject matter sought to be patented and the prior art are such                  
                that the subject matter as a whole would have been obvious at the time the                   
                invention was made to a person having ordinary skill in the art to which said                
                subject matter pertains.’”  KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727,                 

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