Ex parte SITES et al. - Page 6




          Appeal No. 96-4033                                                          
          Application No. 08/086,354                                                  


          disclosed in Lee at col. 1, lines 8-11, col. 3, lines 5-11, col.            
          4, lines 64-68, col. 5, lines 1-20 and the claims.  In item (12),           
          the examiner asserts that Lee does not specifically detail the              
          fourth and last element of claim 11 recited as means for testing a          
          register defined in a branch instruction after fetching for the             
          next instruction has started.  In connection therewith, it is               
          asserted to the effect that it was well-known in the art that in a          
          pipeline system, while one instruction is being fetched, the                
          instruction just prior to said one instruction is being executed,           
          and the result of the execution of a third instruction in the               
          pipeline just prior to the second instruction is being saved.  At           
          the top of page 4 of the answer, the contention is made that it             
          was known to test a register defined for storing executed                   
          instruction results in instruction processing systems, and at page          
          5, the examiner takes the position that testing a register defined          
          by the branch is nothing more than comparing the contents of the            
          registers defined by the opcode field, which is taught by Lee at            
          col. 1, lines 46-55.  Lastly, the examiner contends the background          
          art discussed by Lee discloses testing a register defined by the            
          branch instruction to determine a condition defined by the opcode.          


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