Ex parte SITES et al. - Page 8




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


          determine a condition specified by the opcode, but argue that the           
          disclosure in Lee at column 1, lines 39-55, relied on by the                
          examiner, does not teach means for testing the register after the           
          means for fetching has started fetching the next instruction or             
          the branch target instruction.                                              
                    We do not find a clear teaching of comparing the                  
          contents of registers defined by the opcode field in col. 1, lines          
          39-55, of Lee, and the examiner has not explained how one would             
          extrapolate such a teaching from this specific disclosure.                  
          Nevertheless, at column 1, lines 63 to column 2, line 9, Lee                
          discloses that some prior art architectures have fetched both the           
          instruction in the program following the branch instruction and             
          the instruction at the branch target address together.  In such a           
          system, when a register identified in the branch instruction is             
          tested or sampled to determine the condition specified by the               
          operations code for execution of the branch instruction, that step          
          can only be performed at the same time or after fetching of the             
          instruction after the branch instruction has started or the                 
          fetching of the branch target instruction has started.  Because 35          
          U.S.C.                                                                      


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