Ex parte HARWARD - Page 8




          Appeal No. 1997-3358                                       Page 8           
          Application No. 08/477,742                                                  


               according to commands from the processing devices                      
               (figure 1, column 4 lines 45-53, column 5 lines 5-                     
               19, column 5 lines 52-54 and column 6 lines 6-12).                     
               It would have been obvious to one skilled in the art                   
               to realize that transmitting function is Eikill's                      
               data path includes transmitting and receiving                          
               functions (column 5 lines 52-54 & column 6 lines 45-                   
               53).  Such transmitting and receiving functions of                     
               the data bus are equivalent to the claimed "specific                   
               processing" functions. (Examiner’s Answer at 15.)                      
          He alleges, “It would have been obvious to one skilled in the               
          art at the time the invention was made to realize that ... the              
          performance of the processor can be test [sic] while testing                
          the memory array.”  (Id. at 17.)  We agree with the appellant.              




               Each of claims 21-31 specifies in pertinent part the                   
          following limitations: “data path test circuitry, coupled to                
          said data path, for testing said specific functions of said                 
          plurality of processing elements of said data path ....”                    
          Similarly, each of claims 32-40 specifies in pertinent part                 
          the following limitations: “testing said specific functions of              
          said plurality of processing elements of the data path with                 
          data path test circuitry ....”  In summary, the claims recite               
          circuitry for testing processing elements.                                  








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