Ex parte COLWELL et al. - Page 9




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


          whether the source or destination operand designator is used                
          before or after it is stored is not clear from these                        
          definitions.  On the other hand, Tran indicates (column 5,                  
          lines 12-16) that "[if] a match occurs between the source                   
          operand and the previous-stored destination operand in reorder              
          buffer 22 and the data is valid, then reorder buffer 22 will                
          supply the data to an appropriate functional unit"                          
          (underlining added for emphasis).  Thus, as pointed out by                  
          appellants, Tran stores the destination operands in the                     
          reorder buffer and then compares them to source operands,                   
          contrary to the claimed limitation of storing only the source               
          operands.                                                                   
               The examiner further mentions (Answer, page 5) that                    
          "Popescu shows . . . a bypass path to permit the result of an               
          execution (destination indicator) on one clock cycle as an                  
          operand (source indicator) on the next cycle."  We agree that               
          Popescu uses such a bypass path, and that the bypass path,                  
          viewed in a vacuum, would meet the claimed limitation.                      
          However, the examiner has not even stated that it would have                
          been obvious to modify Tran.  Consequently, the examiner's                  
          reason for presenting Popescu is unclear.  To support the                   
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