Ex parte GUTTAG et al. - Page 9




          Appeal No. 96-3302                                                          
          Application No. 08/160,119                                                  


          masking and summing twice each.  It is noted that the steps                 
          are recited differently based on whether they correspond to                 
          the first recitation or the second recitation.  The examiner                
          asserts that the individual steps are disclosed by Harmon and               
          that it “is readily apparent that the steps ... can be                      
          repeated” [answer, page 3].  Appellants’ arguments and the                  
          examiner’s response with respect to this claimed repetition                 
          feature have been discussed above.  Although Harmon may be                  
          capable of performing the method recited in claim 9 with                    
          appropriate instruction, there is no teaching or suggestion to              
          implement the method as specifically recited in claim 9.                    
          Therefore, we do not sustain the rejection of independent                   
          claim 9 or of claim 10 which depends therefrom.                             
          Independent claim 11 is directed to an apparatus and                        
          the operations performed by the apparatus in response to                    
          repeated receipt of a single instruction.  The examiner notes               
          the similarities between the structure of Harmon and the                    
          structure of claim 11, and the examiner determines that it                  
          would have been obvious to the artisan to carry out the                     
          operations recited in claim 11 [answer, pages 4-5].                         
          Appellants argue that Harmon does not suggest summing plural                
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