Ex parte GUTTAG et al. - Page 13

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

          two inputs to Chu’s ALU, and is not used as the third operand               
          input to an ALU.  The examiner has not indicated why the mask               
          in Chu would have been modified to correspond to the third                  
          multibit digital input signal when the Chu ALU is replaced by               
          the Vassiliadis ALU.  The examiner also has not explained why               
          a specific mask value as recited in claim 14 cannot be                      
          patented.  The examiner has simply stated that any mask value               
          would have been obvious to the artisan.  Although the                       
          examiner’s conclusion may be correct in theory, it is not                   
          supported by any evidence on this record, and appellants have               
          made a point of arguing the patentability of this specific                  
          feature.  Since appellants have specifically argued the                     
          limitations of claim 14, and since the examiner’s general                   
          conclusion of obviousness is not supported by the record, we                
          do not sustain the Section 103 rejection of claims 14 and 53.               
          Claims 17, 20 and 23 recite a specific mask signal in                       
          a manner similar to claim 14.  The examiner’s rejection of                  
          these claims is supported in the same manner as the rejection               
          of claim 8.  Therefore, we also do not sustain the Section 103              
          rejection of these claims for the same reasons just discussed.              
          Claims 56, 59 and 62 are grouped with these claims.  Claims                 

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