Ex Parte TREMBLAY et al - Page 4



         Appeal No. 2005-1800                                                       
         Application No. 09/204,479                                                 

              The examiner recognizes (Answer, page 3) that "Baxter does            
         not show how register specifier . . . is developed."  The                  
         examiner points to several sections of Tanenbaum to remedy this            
         deficiency.  Specifically, the examiner asserts (Answer, page 4)           
         that Tanenbaum discloses auto-indexing "wherein a one or a                 
         constant is automatically added to the previous address such that          
         consecutively stored operands can be retrieved and operated upon           
         by the op-code."  The examiner continues, "If the operands of              
         Baxter are consecutively stored, it would have been obvious to a           
         person of ordinary skill in the art to use auto-indexing such              
         that consecutively stored operands can be retrieved and acted              
         upon by the op-codes."  In the response to arguments section of            
         the Answer, the examiner contends that "Tanenbaum is about auto-           
         indexing of registers in register file which is exactly                    
         Appellants' invention."                                                    
              Appellants argue (Brief, pages 6 and 7) that auto-indexing            
         differs from the claimed implicit identification of a register.            
         Specifically, appellants explain                                           
                   In auto-indexing, a register is incremented or                   
              decremented, in preparation for use by a subsequent                   
              instruction.  Auto indexing is, therefore, inconsistent               
              with the applicant's claimed invention, which requires                
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