Ex parte HORSTMANN et al. - Page 13

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

          USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469 U.S. 851                  
               The Examiner asserts on page 6 of the answer that Okamoto              
          teaches LRU using a counter (item 24) in a translation                      
          lookaside buffer.  The Examiner further states that Okamoto                 
          makes use of a comparator (item 70), but that Okamoto does not              
          make use of a ripple counter.  The Examiner relies upon Moyer               
          to teach a ripple counter.  Finally, on page 7 of the answer,               
          the Examiner asserts that Okamoto teaches in column 4, line 62              
          through column 5, line 4 and column 5, line 47 through column               
          6, line 42, that the comparison is made while the counter is                
               Appellants argue on page 9 of the brief that the                       
          combination of Okamoto and Moyer does not teach the claimed                 
          relationship of overlapping the comparison process and                      
          incrementation of the ripple counter.                                       
               As identified above, we find that the scope of claim 17                
          includes that there is a comparison of the lower order bits of              
          the ripple counter with a reference value before the higher                 
          order bits of the counter are updated to reflect the count.                 


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