Ex parte GUTTAG et al. - Page 9




          Appeal No. 96-1741                                                          
          Application 08/160,111                                                      


          The examiner also explains why it would have been obvious to                
          the artisan to replace the Chu ALU with the Vassiliadis ALU.                
          In our view, the examiner has at least presented a prima facie              
          case of the obviousness of claim 1.  Therefore, we consider                 
          appellants’ arguments and the relative persuasiveness of the                
          arguments.                                                                  
          Appellants’ first argument is that Chu does not teach                       
          the claimed ALU for performing the operations AB and AC as                
          recited in claim 1.  The examiner has acknowledged this                     
          deficiency in Chu which is why the reference was combined with              
          Vassiliadis.  Appellants argue that Vassiliadis also does not               
          provide this teaching because Vassiliadis teaches that two                  
          operand ALU functions are achieved by forcing one input to                  
          zero [brief, page 7].  According to appellants, claim 1                     
          recites that the ALU combinations are achieved by control of                
          the function of the ALU and not by forcing one input to zero.               
          Based on this argument, appellants assert that claim 1 is not               
          suggested by the collective teachings of Chu and Vassiliadis.               
          In our view, appellants’ interpretation of claim 1 is                       
          not commensurate with the language of claim 1.  Claim 1 does                
          not require that the two operand functions be implemented in                
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