Appeal No. 97-1205 Page 7
Application No. 08/357,551
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed. Cir. 1984); In re Sernaker, 702 F.2d 989, 994, 217 USPQ
1, 5 (Fed. Cir. 1983).
In the present case, the examiner’s reasons for
obviousness have not come from any teaching, suggestion or
implication in the prior art as a whole, nor has he alleged
knowledge generally available to one having ordinary skill in
the art as to why it would have been obvious to one of
ordinary skill in the art to wait one cycle after fetching the
instruction code to the instruction queue before fetching the
code to the CPU. Accordingly, the examiner has failed to
establish a prima facie
case of obviousness. Based upon the foregoing, the rejection
of claim 5 under 35 U.S.C. § 103 cannot be sustained.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007