Appeal No. 1997-1637
Application 08/432,270
correctly simulate the logic functions. This position is not
persuasive either. It appears to presume that the flag settings
of Cocke are not correct and would not result in accurate gate
simulation of logic circuits, and that one of ordinary skill in
the art would have sought to change them so as to provide flags of
the type claimed by appellant so as to correctly simulate logic
functions. There is no evidence to support such a position.
To the extent that the examiner may have misstated his
position and simply means that it would have been obvious to
modify the flags of Cocke so as to perform the function of
appellant’s sentence calculating means, the examiner has provided
no convincing motivation for doing so. The motivation set forth
by the examiner at page 3 of the final rejection, that being to
correctly simulate logic functions, assumes that Cocke does not
correctly simulate such functions. There is no evidence to that
effect.
The examiner rejected claim 12, the only other independent
claim, based “under the same rationale” as claim 8 due to the
similarities of the two claims. Whereas we have decided not to
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