Ex Parte ALEXANDER III et al - Page 7




             Appeal No. 2004-0909                                                             Page 7               
             Application No. 09/053,398                                                                            


             instruction that specifies the type of the instruction . . . and the structure of the data on         
             which it operates."  Microsoft Press Computer Dictionary 279 (2d ed. 1994)(copy                       
             attached).  In short, persons skilled in the art would have known that an opcode is a part            
             of an instruction.                                                                                    


                    The claim excludes instructions from the contents transferred from the registers.              
             Accordingly, we are unpersuaded that Sites’ transferring of instructions or parts of                  
             instructions would have suggested the claimed limitations.  Therefore, we reverse the                 
             obviousness rejection of claim 1; of claims 2-7, which depend therefrom; of claim 8; of               
             claims 9-14, which depend therefrom; of claim 15; of claims 16-20, which depend                       
             therefrom; of clam 21; and of claims 22-26, which depend therefrom.                                   


                                                 CONCLUSION                                                        
                    In summary, the rejection of claims 1-26 under § 103(a) is reversed.                           


















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