Appeal No. 2001-2610 Application No. 09/052,247 determining if a fetched instruction is an instruction-path- changing instruction; and if said fetched instruction is not an instruction-path- changing instruction, prefetching a next sequential preselected instruction set if no remaining instructions in a current cache line are not path-changing instructions, wherein an instruction- path-changing instruction branches beyond said next sequential preselected instruction set. The examiner relies on the following reference: Mahalingaiah et al. [Mahalingaiah] 5,813,045 Sep. 22, 1998 (filed Jul. 24, 1996) Claims 1, 8-13, 27 and 33 stand rejected under 35 U.S.C. 102(e) as anticipated by Mahalingaiah. Claims 2-7, 14-26 and 28-32 have been indicated by the examiner to be directed to allowable subject matter and are no longer on appeal. Reference is made to the briefs and answer for the respective positions of appellants and the examiner. OPINION An anticipatory reference is one which describes all of the elements of the claimed invention so as to have placed a person of ordinary skill in the art in possession thereof. In re Spada, 911 F.2d 205, 15 USPQ2d 1655 (Fed. Cir. 1990). -3–Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007