Ex parte SCHLANSKER et al. - Page 7




          Appeal No. 1997-0923                                                        
          Application No. 08/400,414                                                  


          it is possible to program instructions to be conditional or                 
          unconditional.  However, the examiner fails to specifically                 
          point out how the particular above-referenced portions of                   
          Conners are interrelated to meet the claimed limitations.  The              
          examiner's position seems to be that since key words such as                
          "Boolean" and "condition" appear somewhere in Conners, the                  
          claims are anticipated.                                                     
               As pointed out by appellants (Brief, page 17), "Conners'               
          execution of Boolean operation instructions also lacks                      
          conditionally writing as claimed."  When Conners executes a                 
          Boolean operation, the result value is held in a flip-flop 425              
          within the computers CPU (column 32, lines 15-19).  Conners                 
          does not conditionally write to a register depending on either              
          the condition value or the result value.  Comments about                    
          conditions in Conners refer to whether the execution of a                   
          function is to be conditional or unconditional.  Accordingly,               
          we find that Conners does not anticipate claim 21 or its                    
          dependents, claims 22 through 25, 27 through 33, 35, and 36.                
          In addition, since claim 38 is substantially the same as claim              
          21 but in device format, claim 38 and its dependents, claims                
          41 through 44, 46 and 47 are not anticipated by Conners.                    
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