Ex parte GETZLAFF et al. - Page 9




          Appeal No. 96-0635                                                          
          Application 08/132,410                                                      



          when they are determined to be erroneous.  Since one of the                 
          buffers in Johnson is a read-only store, there is no provision              
          in Johnson for reloading the instructions designated as                     
          permanent when an instruction is determined to be erroneous.                
          There is no suggestion from the collective teachings of Day                 
          and Johnson that the instruction loading should be                          
          accomplished in the manner recited in independent claim 9, and              
          the examiner has not provided a reasonable rationale to                     
          suggest the obviousness of the invention of claim 9.                        
          Therefore, we do not sustain the rejection of claim 9 whether               
          based on Day alone or on the combination of Day and Johnson.                
          Since claims 10-18 all depend from claim 9, we also do                      
          not sustain the rejection of any of these claims.  The                      
          decision of the examiner rejecting claims 9-18 is reversed.                 
                                      REVERSED                                        





                    JAMES D. THOMAS               )                                   
                    Administrative Patent Judge        )                              
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                                          9                                           





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