Appeal No. 1998-2661
Application 08/633,267
machine codes at the end of the compiling
process discussed in Sato. Sato never gets to
the point of addressing what occurs during
execution of the instructions. Sato is not
reasonably pertinent to the particular problem
with which the invention were concerned, since
Sato pertains to the compiling of pseudo-code
into machine code prior to any execution of
instructions, while the inventors were concerned
with the actual execution of instructions, and
were not concerned with the compiling of pseudo-
code.
Not only do we agree with appellants' view as to Sato as
just expressed in this quoted portion of the brief, we see no
relevance of Sato to Deosaran for combinability purpose within
35 U.S.C. § 103. Deosaran's invention is a system and method
for register renaming (see the title). His invention is
directed to superscaler operations in the same manner as
disclosed with respect to appellants' invention. Not only do
we agree with appellants' view that Sato is not analogous art
to the presently claimed invention, it appears to be
nonanalogous to the subject matter of Deosaran. Our study of
both references leads us to conclude that the artisan would
not have seen any relevance of the virtual registers of Sato
in a compiling operation to the register renaming operations
of Deosaran in actual instruction sequencing operations during
their execution. We conclude that the artisan would not have
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