Ex parte FETTERMAN et al. - Page 8




          Appeal No. 1999-0498                                                        
          Application 08/532,225                                                      


          same manner it stalls the processing in Shebanow and Popescu.               
          Each of the appealed claims recites that validity                           
          information associated with an instruction is established                   
          during a first clock cycle while instruction dispatch is                    
          scheduled during a second clock cycle based on this stored                  
          validity information and prior to data corresponding to said                
          source operand being computed as a result of the execution of               
          another instruction.  Notwithstanding the examiner’s                        
          assertions, Nguyen does not teach this recitation of the                    
          claimed invention.  Since we find that Nguyen does not support              
          the examiner’s findings, we are constrained to find that the                
          examiner has not established a prima facie case of                          
          obviousness.  Therefore, we do not sustain the examiner’s                   
          rejection of claims 1-10, 12 and 13.                                        
          We now consider the rejection of claims 29-36.  With                        
          respect to representative, independent claim 29, the examiner               
          asserts the obviousness of this claim based on the collective               
          teachings of Popescu and Nguyen [answer, pages 5-6].                        
          Appellants repeat their argument that neither Popescu nor                   
          Nguyen teaches or suggests indicating the availability of a                 
          source operand before the source operand is actually computed               
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