Appeal No. 2004-1558
Application No. 09/283,386
command to be performed, and that these graphics primitives or graphics rendering
commands are passed to the low level hardware dependent graphics library 240 for
subsequent generation of microinstructions (brief-page 16) (pointing to Figure 3 of
Devic).
It is appellants’ view that “a microinstruction is not fairly characterized as an
executable program, and that an array of graphics primitives or graphics rendering
commands is also submitted as not being an executable program. Thus, these graphics
primitives or graphics rendering commands of Devic are not believed by appellants to
fairly represent an executable program which is “captured in [a] memory. . .,” and
which is “defin[ed]. . .as an executable program to the host operating system,” as
recited in claim 1 (see page 4 of the reply brief).
Appellants have offered a reasonable dictionary definition of “microinstruction,”
citing http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=microinstruction, and
the examiner offers no reasonable alternative definition, arguing only that the hardware
dependent microinstructions of Devic “read on Appellant’s [sic, appellants’] executable
program” (answer-page 8).
Our independent research of the term, “microinstruction” finds the following
definition:
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