Ex parte UMEKI et al. - Page 5




          Appeal No. 97-1205                                         Page 5           
          Application No. 08/357,551                                                  


          from the high-speed memory (the instruction cache 4) are                    
          fetched to the instruction queue 1, so that the queue does not              
          become empty, and therefore are not fetched directly to the                 
          CPU, as recited in claim 5.  Furthermore, as pointed out by                 
          appellants (Brief, page 7), Figure 1 of Matsuo shows the                    
          instruction cache feeding directly into the instruction queue               




          only.  Accordingly, all data fetched from the instruction                   
          cache 4 must go to the instruction queue 1, and not directly                
          to the CPU.                                                                 
               Regarding the recitation of waiting one cycle between                  
          fetching instruction codes from the slow-speed memory to the                
          instruction queue buffer and fetching the codes from the                    
          instruction queue buffer to the CPU, the examiner admits that               
          Matsuo does not explicitly disclose any delay (Answer, page                 
          4).  Although the examiner attempts to explain why it would                 
          have been obvious to one of ordinary skill in the art at the                
          time of the invention, he fails to provide any evidence to                  
          support his rationale.                                                      









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