Ex Parte BATTEN et al - Page 7



          Appeal No. 2003-0008                                                        
          Application No. 09/174,936                                                  

          claims.  As discussed supra, each of the appealed independent               
          claims requires, in the decode stage of a processor, the                    
          evaluation of a predicate of a predicated instruction and the               
          annulling of such instruction dependent on the particular value             
          of the predicate, a feature which, in our view, is not taught or            
          suggested by the applied Martell and Shiell references.                     
               In summary, since we are of the opinion that the prior art                                                                     
          applied by the Examiner does not support the obviousness                    
          rejection, we do not sustain the rejection of independent claims            
          1, 10, and 19, nor of claims 2-4, 6-9, 11-13, 15-18, and 20                 















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