Ex Parte Sandbote - Page 11



          Appeal No. 2006-1450                                                              
          Application No. 09/933,786                                                        
                                                                                           
          bit operation for the byte operation disclosed in Groves to                       
          thereby yield the claimed limitation, whereby each of the masked                  
          bits corresponds to a bit position of the shifted operand.                        
                It is our view, after consideration of the record before us,                
          that the evidence relied upon and the level of skill in the                       
          particular art would have suggested to one of ordinary skill in                   
          the art the invention as set forth in claims 1, 2, 11, 12, 21 and                 
          22.  Accordingly, we will sustain the Examiner’s rejection of                     
          claims 1, 2, 11, 12, 21 and 22 over the Groves reference.                         
                II.  Under 35 USC 103, is the Rejection of Claims 3-10,                     
          13-20 and 23-33 as Being Unpatentable over Groves Proper?                         
                With respect to dependent claims 3-10, 13-20 and 23-33,                     
          Appellant argues at page 5 of the Appeal Brief that Groves does                   
          not teach that each of the masked bits corresponds to a bit                       
          position of the shifted operand. Appellant also argues that                       
          Prioste does not cure these deficiencies.  We addressed this                      
          argument in the discussion of claim 1 above, and we found that                    
          the combination of Groves’ teaching with knowledge of the                         
          ordinary skilled artisan would have rendered the claimed                          
          invention obvious.  Appellant also argues that there is no                        




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