Ex parte TORNG et al. - Page 5




          Appeal No. 95-1123                                                          
          Application 08/028,757                                                      

                    As pointed out by the examiner, Acosta teaches the                
          invention of claim 1 except for the recited interrupt handling              
          means in which the number of uncompleted instructions is                    
          stored in the instruction window.  Examiner’s Answer at 5-6.                
                    Inagami teaches storing the number of uncompleted                 
          instructions in the instruction window.  Column 3, line 17,                 
          through column 5, line 58.  This is done to restart the                     
          execution of an interrupted program at the appropriate point                
          effectively without waste, i.e., to provide a precise                       
          interrupt point.  Abstract, lines 8-10.                                     
                    We agree with the examiner that Inagami suggested                 
          the desirability of storing the number of uncompleted                       
          instructions in the instruction window of Acosta in order to                
          restart the execution of an interrupted program at the                      
          appropriate point effectively without waste.                                
                    Appellants argue that the combination is                          
          inappropriate because Inagami cannot process out-of-order                   
          instructions.  Appeal Brief at 8-9.  However, Inagami was not               
          relied on for this.  Acosta is an out-of-order machine, and we              
          find that one of skill in the art could have easily applied                 



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