Ex parte BLONGREN - Page 3




                Appeal No.97-0582                                                                                                             
                Application 08/179,926                                                                                                        


                                 first instruction decode means or from said second                                                           
                                 instruction decode means; and                                                                                

                                 execute means for executing decoded instructions                                                             
                                 selected by said select means, whereby instructions                                                          
                                 from both said first instruction set and said second                                                         
                                 instruction set are executed by said CPU.                                                                    
                         The Examiner relies on the following references:                                                                     
                Onishi                                                     3,764,988                Oct. 09, 1973                             
                Bullions, III et al. (Bullions)                     2      4,456,954                Jun. 26, 1984                             
                Portanova et al.     (Portanova)                           4,992,934                Feb. 12, 1991                             
                         Claims 1 through 5, 14 through 16 and 18 through 20 stand                                                            
                rejected under 35 U.S.C. § 103 as being unpatentable over                                                                     
                Portanova and Onishi.  Claims 6 through 13 and 17 stand rejected                                                              
                under 35 U.S.C. § 103 as being unpatentable over Portanova,                                                                   
                Onishi and Bullions.                                                                                                          
                         Rather than reiterate the arguments of Appellants and the                                                            
                                                                                     3                    4                                   
                Examiner, reference is made to the briefs  and answers  for the                                                               

                         2In the answer as well as the supplemental answer, the                                                               
                Examiner invites us to consider an IBM technical disclosure as                                                                
                well as Iwata, U.S. Pat. No. 4,691,278.  However, the Examiner                                                                
                has not rejected the claims based upon these references.                                                                      
                Therefore, we find that these references are not properly before                                                              
                us for our consideration.                                                                                                     
                         3Appellants filed an appeal brief on August 29, 1995.  We                                                            
                will refer to this appeal brief as simply the brief. Appellants                                                               
                filed a reply appeal brief on November 29, 1995.  We will refer                                                               
                to this reply appeal brief as the reply brief.  The Examiner                                                                  
                responded to the reply brief with a supplemental answer stating                                                               
                that the reply brief has been entered.  Appellants filed a                                                                    
                supplement to the brief on June 25, 1997.  The Examiner responded                                                             
                                                                      3                                                                       





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