Ex Parte EISEN et al - Page 6



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

          does not point out where these claim requirements are disclosed,            
          either expressly or inherently, in Nguyen.                                  
               In the response to the appellants’ arguments, the examiner             
          argues (answer, pages 11-12):                                               
               It should be noted that the [Nguyen] instruction[s]                    
               that have a register dependency are logically removed.                 
               One of ordinary skill in the art would be aware that                   
               this would require a signal or indicator to inform the                 
               system that a dependency exist[s], further one of                      
               ordinary skill in the art would be aware that, the                     
               clearing an indicator would be to indicate to the                      
               system that the dependency no longer exist[s] and that                 
               such information would be sent to the instruction                      
               issuer, this is clearly taught in the cited passages.                  
          This argument is not persuasive even if it is correct.  The                 
          reason is that what the appellants’ claims require is not an                
          indication that a dependency no longer exists.  Claim 27 requires           
          issuing a first instruction to one of two execution units in                
          response to an indication that a dependency is being (not has               
          been) cleared.  Claim 38 requires issuing a first instruction to            
          one of two execution units in response to a detected dependency             







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