Appeal No. 1998-1516
Application 08/420,540
implicitly necessitate the presence of two other types of instruction
stream constructs. These latter two instruction stream constructs
usually perform two functions: 1) the loading or calculation of an
address (referred to hereafter as address generation constructs) and
2) use of the generated address to gain access to the information
needed by the processor (referred to hereafter as data load constructs).
Thus, according to appellants’ own definition, a “predictor construct” is a certain instruction
stream construct that foretells the information that the processor will need and when the processor will
need that information. Further, the “predictor construct” requires the presence of instruction stream
constructs that usually perform two functions, the loading of an address and the use of that address to
gain access to the information needed by the processor.
In view of this definition of “predictor construct,” it is our view that the examiner makes a prima
facie case of anticipation. As pointed out by the examiner [Answer-pages 7-8], Schlansker, at column
3, indicates that the load instruction specifies the address in memory at which data to be retrieved is
stored. This would be an “address generation construct” (since the address in memory is specified) and
a “data load construct” (since data is retrieved). Thus, Schlansker discloses the presence of an
instruction stream construct performing the two functions set forth in appellants’ specification as being
necessitated by the predictor constructs. Further, the load instruction in Schlansker is used by the
compiler to predict what information is needed by the
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