Ex parte ASGHAR et al. - Page 3




                 Appeal No. 1997-2160                                                                                                             
                 Application No. 07/548,709                                                                                                       


                         Claims 1 through 9, 22, 23 and 26 through 30 stand rejected under 35 U.S.C. § 103.  As                                   

                 evidence of obviousness, the examiner cites Yamazaki in view of Tokuume with regard to claims 1                                  

                 through 6, 8, 9, 22, 23 and 26 through 30, adding Ino with regard to claim 7.                                                    


                         Reference is made to the briefs and answers for the respective positions of appellants and the                           

                 examiner.                                                                                                                        


                                                                  OPINION                                                                         

                         We will reverse the rejection of claims 1 through 9, 22, 23, 28 and 30 under 35 U.S.C. §103                              

                 but we will sustain the rejection of claims 26, 27 and 29 under 35 U.S.C. § 103.                                                 


                         Turning first to independent claims 1 and 30, each of these claims recites a “scheduling means                           

                 for statically scheduling execution” of one algorithm between said cpu and said dsp (claim 1) or "of the                         

                 signal processing algorithm between said digital signal processor and said cpu” (claim 30).                                      


                         Appellants argue that while Yamazaki does disclose a CPU and DSP on a single chip, it differs                            

                 from the instant claimed invention because while Yamazaki enables two different routines to be executed                          

                 simultaneously by a CPU and a DSP, the present invention enables a single routine to be executed in the                          

                 most efficient manner by a CPU and DSP [principal brief-page 5].                                                                 





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