Ex Parte FIELDEN - Page 2




             Appeal No. 2002-0490                                                                Page 2                
             Application No. 09/152,751                                                                                


                    To execute a computer program more quickly, an instruction may be moved "up"                       
             to a place earlier in the program's execution.  In particular, the appellant explains, "it is             
             useful to move instructions to a location prior to branch instructions, the execution of                  
             which determine whether the moved instructions would have been executed."  (Id. at 1.)                    
             Once moved, such an instruction will be executed "speculatively," i.e., before the                        
             branch instruction is executed to determine whether the moved instruction should be                       
             executed.  (Id.)                                                                                          


                    An exception1 may arise when executing a load instruction in a computer                            
             program.  (Id. at 2.)  Although executing instructions speculatively can be desirable, the                
             appellant cautions, "it is important not to take exceptions on such instructions where an                 
             instruction potentially may not actually be executed."  (Id. at 1-2.)                                     


                    Accordingly, the appellant's invention replaces a load instruction in a computer                   
             program with a "dismissible load instruction" and a "check instruction."  The dismissible                 
             load instruction, which, "by definition, does not generate an exception," (id. at 6), is                  
             positioned in the program to be executed speculatively.  (Appeal Br. at 3.)  The check                    


                    1An exception is "a problem or change in conditions that causes a computer's                       
             microprocessor to stop what it is doing and then find and carry out . . . instructions in a               
             separate routine designed to handle the situation."  Microsoft Press Computer                             
             Dictionary 153 (2d. ed. 1994).                                                                            







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