Ex parte PELEG et al. - Page 8




             Appeal No. 1998-0524                                                                                 
             Application No. 08/522,067                                                                           


                    We find that this explanation falls short of teaching the                                     
             claimed invention.  The supposition that one set of isolated                                         
             circumstances would produce the same result is unconvincing.                                         
             The fact that accumulation occurs at all, is contrary to the                                         
             claimed invention, as argued by Appellants.                                                          
                    The Examiner responds further, with respect to zeroing                                        
             the accumulation value:                                                                              
                    [S]ince the results of multiplications (e.g.,                                                 
                    A1*B1, A2*B2) of the data elements (e.g., A1, B1,                                             
                    A2, and B2) are for a certain period of time                                                  
                    available in the accumulator before any addition                                              
                    (accumulation) can be performed, one of ordinary                                              
                    skill in the art, if it were considered desirable                                             
                    for any reason to just store the results of                                                   
                    multiplications without adding them, would have                                               
                    implemented the claimed invention.  (Answer-pages 5                                           
                    and 6.)                                                                                       
                    We take the Examiner’s response to mean that any computer                                     
             programer is capable of writing a computer instruction to                                            
             multiply-add, without accumulation, depending on the desired                                         
             calculations pertaining to the algorithm being implemented.                                          
             We might be convinced that such an instruction is considered                                         
             to be within the skill of the typical programmer if there were                                       
             some evidence of such in this record.  In the absence of such                                        
             evidence, we cannot support the Examiner’s position.                                                 

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