Ex parte STEWART et al. - Page 4




          Appeal No. 96-1422                                                          
          Application 08/048,339                                                      


          references applied by the examiner in the context of micro-                 
          programmed execution units and the sequencing of various types              
          of control words associated with control stores therein.  The               
          data streams of both references do not relate to the micro-                 
          programming sequencing operations of the claimed (and                       
          disclosed) invention but rather to the interfacing of data                  
          between a host computer and attached terminals, principally,                
          display terminals.       Both references desire to optimize,                
          that is, effectively minimize the nature and amount of data                 
          transferred in this context between these devices.  Without                 
          belaboring the issue, the examiner’s rather high level                      
          abstract correlation of concepts within these applied                       
          references to the claimed invention leads                                   
          us to the basic conclusion that the references are essentially              
          irrelevant to the claimed invention.  Although we conclude                  
          that Berk and Harper would appear to be properly combinable                 
          within                                                                      
          35 U.S.C.  103 based upon their disclosed inventions to                    
          optimize data transfers between devices in their environment                
          indicated earlier, the combined teachings of the references                 


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