Ex Parte EISEN et al - Page 5



          Appeal No. 2003-1110                                                        
          Application No. 09/295,439                                                  

               3.    Nguyen et al. taught the invention (claims 27-28)                
               including a data processing system comprising a first                  
               execution unit and a second execution (4780 - 478n);                   
               detection means (494, col. 48, lines 34-60); issue                     
               means and clearing means (col. 33, lines 28-65;                        
               col. 51, lines 1-20; fig. 14).                                         
                                        * * *                                         
               8.    Claims 38-48 fail to teach or define above or                    
               beyond claims 27-37 and are rejected for the reasons                   
               set forth, supra.                                                      
               “Anticipation requires that every limitation of the claim in           
          issue be disclosed, either expressly or under principles of                 
          inherency, in a single prior art reference.”  Corning Glass Works           
          v. Sumitomo Electric, 868 F.2d 1251, 1255-56, 9 USPQ2d 1962, 1965           
          (Fed. Cir. 1989).  The appellants’ claim 27 requires an issue               
          means for selectively issuing a first one of a first plurality of           
          instructions to one of two execution units in response to an                
          indication by a first dependency indicator indicating that a                
          dependency between that instruction and a second instruction is             
          being cleared.  Claim 38 requires selectively issuing a first one           
          of a first plurality of instructions to one of two execution                
          units in response to a detected dependency between that                     
          instruction and a second instruction being cleared prior to an              
          availability of a result from the second instruction.  The                  
          examiner, in the explanation of the rejection of claims 27 and 38           


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