Appeal No. 2006-1169
Application No. 10/005,728
the inventor’s intent to take a processor having a standard
microprocessor instruction set, such as the PENTIUM
microprocessor instruction set, including a packed data
instruction set and to use disclosed aspects of the invention to
produce a PSAD instruction.”
This argument by appellants highlights our concern. When
appellants talk about a competitor capable of making a processor
“to execute the PENTIUM microprocessor instruction set,” exactly
what instruction set would that be? An instruction set in the
latest version of the PENTIUM chip? Some as-of-yet unknown
instruction set in some future version of the PENTIUM chip? It
is indefinite. The artisan would not be informed as to just what
instruction set is being described in the claims comprising the
term “PENTIUM.” Even the description of the PENTIUM processor
types at pages 9-10 of the request for rehearing admits that
there are some differences in the instruction sets of various
PENTIUM products.
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007