Ex parte COLWELL et al. - Page 4





                 Appeal No. 97-0266                                                                                                                     
                 Application No. 08/176,370                                                                                                             


                 dependent instructions are dependent instructions satisfying                                                                           
                 the first condition.                                                                                                                   
                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Murray et al. (Murray)                       5,142,633                                    Aug. 25, 1992                                
                 Tran                                                  5,345,569                                    Sep. 06,                            
                 1994                                                                                                                                   
                                                                                         (filed Sep. 20, 1991)                                          
                 Val Popescu, et al., "The Metaflow Architecture," IEEE Micro                                                                           
                 (June 1991), pp. 10-13 and 63-73.  (Popescu)                                                                                           
                          Claims 1, 3 through 17, 20 through 31, and 35 through 40                                                                      
                 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                             
                 over Tran in view of Murray and Popescu.2                                                                                              
                          Reference is made to the Examiner's Answer (Paper No. 17,                                                                     
                 mailed July 25, 1995) and the Supplemental Examiner's Answer                                                                           
                 (Paper No. 19, mailed October 13, 1995) for the examiner's                                                                             
                 complete reasoning in support of the rejections, and to the                                                                            
                 appellants' Brief (Paper No. 21, filed October 2, 1995) and                                                                            




                          2Although the Examiner's Answer includes the statement of the                                                                 
                 rejection, the statement is not followed by an explanation nor a reference to                                                          
                 a prior paper which includes a complete statement and explanation of the                                                               
                 rejection.  However, we believe we understand the examiner's position.                                                                 
                 Further, as appellants have discussed all claimed limitations at length with                                                           
                 respect to the three applied references, appellants clearly have had an                                                                
                 opportunity to respond to the rejection, such that there has been no lack of                                                           
                 due process.                                                                                                                           
                                                                           4                                                                            






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