Ex parte HORSTMANN et al. - Page 10




          Appeal No. 1997-3241                                                        
          Application 08/442,726                                                      


          first and then the next bit and so on until all bits of the                 
          counter have been updated to reflect the count.                             
               We next consider the limitation “comparing when said                   
          ripple counter is still incrementing.”  On page 8 of the                    
          brief, Appellants assert that this limitation means that there              
          is an overlapping of the incrementing and comparing steps.  On              
          page 16 of the specification, Appellants identify that “the                 
          pipelining technique allows the lower order bits of each LRU                
          counter to be compared to the value on the reference bus at                 
          the same time when the higher order bits of the LRU counter                 
          are still incrementing,” where the LRU counter is a ripple                  
          counter.  Accordingly, we find that the limitation of                       
          “comparing when said ripple counter is still incrementing,”                 
          means that a comparison is made between the lower order bits                
          of the counter and a reference value while the count is                     
          propagating through the higher order bits, i.e., comparison of              
          lower order bits is made before the higher order bits of the                
          counter have been updated to reflect the count.                             
               Having determined the scope of the claims, we next turn                
          to the art applied in the rejection.  Miu discloses using a                 
          counter to initialize a memory.  As described in Miu, column                
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