Ex parte SHAMS et al. - Page 6




          Appeal No. 1997-0917                                                         
          Application 08/309,565                                                       


          the claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d               
          1523,1529 (Fed. Cir. 1998).  Li discloses an array of                        
          processors, each having a hopping circuit which is a switch                  
          much like Appellants’ switch.  The fact that Li has a                        
          processor and a switch in each element does not detract from                 
          Li meeting Appellants’ claim language.  The mere designation                 
          of one of Li’s elements as a switch since it contains a                      
          switch, or a processor since it contains a processor, is a                   
          choice of language that is consistent with the structure being               
          designated.  Likewise, we find the Examiner’s designations not               
          inconsistent with Appellants’ claim language.                                
               In the same vein Appellants urge “[T]he Examiner just                   
          ignores the remaining elements of the selected processing                    
          element, such as the ALU, sink register, and memory.”  (Brief-               
          page 7.)  However, we agree with the Examiner. Appellants use                
          the claim term comprising which is inclusive and fails to                    
          exclude unrecited elements (answer-page 14).                                 
               Appellants argue that the structure of Li’s switch                      
          differs from that recited in claim 1 in that Appellants’                     
          demultiplexer is claimed as directly connected to the source                 


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