Ex parte LEE et al. - Page 9




          Appeal No. 95-3497                                                          
          Application 08/158,649                                                      


          number equal to the number of stages in shift register 13 to                
          produce a value representing a moving average of the output                 
          values (col. 1, lines 41-53).  Thus, as Appellants correctly                
          note, Gerrath's adder 8 and shift register 13 do not perform a              
          sum-divided-by-two function, as alleged by the examiner, with the           
          result that Gerrath fails to suggest modifying Patti in a way               
          that satisfies claim 3 or claim 14.  Nor has the examiner                   
          explained why one skilled in the art, knowing that a shifter can            
          be used to effect division by two, would have been motivated to             
          use bit shifting in Patti's adder in order to generate the sum              
          divided by two of the corresponding 8-bit sub-words of the input            
          values A and B (which would satisfy claim 3) or in order to shift           
          the sum of the 16-bit input values A and B (which would satisfy             
          claim 14).                                                                  














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