Ex parte TORNG et al. - Page 6




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

          Inagami’s teaching of storing the number of uncompleted                     
          instructions to Acosta.                                                     
                    Appellants also argue that Inagami’s window does not              
          contain issued and non-issued instructions.  This argument                  
          finds no basis in claim 1.  However, claims 2-7 require the                 
          means for handling an interrupt to detect the number of                     
          instructions unissued at the time of interrupt.  Inagami                    
          contains no relevant teaching regarding unissued instructions.              
          Rather, Inagami addresses instructions that are issued but                  
          whose execution is not yet complete.                                        
                    Thus, we will sustain the obviousness rejection of                
          claim 1 but not claims 2-7.                                                 
                                     CONCLUSION                                       
                    The rejections of claims 1-7 under 35 U.S.C. § 112,               
          first and second paragraphs, are not sustained. The rejection               
          of claim 1 under 35 U.S.C. § 103 is sustained.  The rejection               
          of claims 2-7 under 35 U.S.C. § 103 is not sustained.                       
                    No time period for taking any subsequent action in                
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    

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