Ex parte CHAN et al. - Page 10




          Appeal No. 1998-2661                                                        
          Application 08/633,267                                                      

          claim 1 in that it recites that the assignment operation                    
          occurs "whether or not" the physical rename registers are                   
          available.  This alternative construction not only reads upon               
          the unavailability features as already indicated to be known                
          in the art, but also when the registers are available.                      
          Obviously, within 35 U.S.C. § 103 in the context of claims 1                
          and 13, an instruction that has not yet been executed does not              
          have any result that can be availably placed in any result                  
          register.                                                                   
               The subject matter of dependent claim 14 is a slightly                 
          more specific functional sequence than claim 13 implies and is              
          considered inherent in the operation of the circuits of the                 
          admitted prior art and Kau.  Appellants' admitted prior art                 
          clearly teaches the feature of dependent claim 15.  As to                   
          dependent claim 16, because both Kau and appellants' admitted               
          prior art relate to superscaler computer systems, a second or               
          sequential instruction is specifically known to exist in these              
          systems.  In effect, the subject matter of claim 16 mimics the              
          subject matter of independent claim 13 for a second labelled                
          instruction.                                                                
               As to claim 18, the rejection of this claim is consistent              

                                         10                                           





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007