Ex Parte WHITE et al - Page 3




          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).                              

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