Ex parte KAHLE et al. - Page 5




          Appeal No. 96-2445                                                          
          Application 08/289,801                                                      


          shifting operation claimed is provided by the shifting                      
          capabilities immediately preceding or associated with the                   
          instruction buffer 54 in the various portions of Figure 2.  In              
          contrast, the multiplex network 52 in Figure 3 of Boufarah                  
          does not perform the required shifting operations “within” the              
          associated instruction buffers 36 or 38 above it in Figure 3.               
          Any shifting operations that may be attributed to the                       
          multiplex network 52 in this figure clearly occur after but                 
          not contemporaneous or within either of the instruction                     
          buffers 36 and 38.  Inasmuch as there are no structural                     
          figures comparable to Figure 3 of Boufarah in Rasbold, the                  
          written description portion of Rasbold relied upon by the                   
          examiner as to this feature does not appear to us to teach                  
          the subject matter of the noted shifting operation clause in                
          each independent claim on appeal.                                           
               For his part, the examiner's position as to this feature               
          appears to generally relate only to a time sequential or                    
          serial instruction sequencing operations.  That each                        
          respective reference may in some manner serially shift                      
          instructions in time is not necessarily dispositive of the                  
          requirement to meet the claimed feature of serially shifting                
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