Appeal No. 1998-1516
Application 08/420,540
Claims 1 through 5 and 11 through 15 stand rejected under 35 U.S.C. 102(e) as
anticipated by Schlansker. Claims 6 through 10 and 16 through 20 stand rejected under 35 U.S.C.
103 as unpatentable over Schlansker.
Reference is made to the brief and answer for the respective positions of appellants and
the examiner.
OPINION
Independent apparatus claim 1 and its counterpart independent method claim 11 broadly recite
a computer having a CPU which executes an instruction stream which comprises a preload instruction.
The preloaded instruction is inserted by a compiler at a location “proximate to a first predictor
construct” contained in the instruction stream. The preload instruction contains an address for
information that will be needed by the CPU.
Schlansker clearly discloses a CPU executing an instruction stream which comprises a preload
instruction and the preload instruction contains an address for information that will be needed by the
CPU. The only issue before us is whether Schlansker discloses the claimed “first predictor construct.”
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