Ex parte COLWELL et al. - Page 9




          Appeal No. 96-2499                                                          
          Application No. 08/204,521                                                  


          those functions.  Further, there is no teaching in Cocke that               
          the “status/control” registers are “flag registers,” as                     
          claimed and now, the examiner is apparently contending not                  
          only that the recited status/control registers of Cocke are                 
          equivalent to the claimed flag registers but also that it                   
          would have been obvious to employ static and dynamic flag                   
          masks, as claimed.  Clearly, the examiner is employing                      
          impermissible hindsight in constructing this rejection and we               
          will not sustain such a rejection.  Neither will we sustain                 
          the rejection of claims 30, 31, 34, 35, 38, 39 and 45 through               
          47 under 35 U.S.C. § 103 since these claims depend from claims              
          28, 32, 36 and 44.                                                          
















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