Ex Parte Sheaffer - Page 5



                Appeal 2007-0018                                                                                 
                Application 10/107,262                                                                           
                       The next question is: Is using the frequency control word in                              
                Hu "decoding a sine and cosine instruction"?  The examiner equates                               
                "decoding a sine and cosine instruction" to "utilizing the frequency control                     
                word."  While the claims are to be given their broadest reasonable                               
                interpretation, we do not agree with this interpretation.  An "instruction" is a                 
                statement indicating the operation a machine is to perform and claim 1                           
                recites "decoding a sine and cosine instruction" and then "executing said sine                   
                and cosine instruction using said sine and cosine value pair."  The frequency                    
                control word in Hu is a piece of data representing an incremental phase                          
                value: a piece of data it is not technically an "instruction" to execute a                       
                certain sine/cosine operation.  A phase value itself does not indicate a                         
                sine/cosine operation: the operation is determined by the particular values                      
                stored in the LUT, not by an instruction.  Furthermore, changing the                             
                frequency of the output sine and cosine waves in Hu is not "executing said                       
                sine and cosine instruction using said sine and cosine value pair."  Still                       
                further, "decoding" an instruction requires some positive step, usually using                    
                bits of the instruction to generate timing and control signals to carry out the                  
                operation specified by the instruction, which is not satisfied by merely using                   
                a data value.  The anticipation rejection of claims 1-30 is reversed.                            
                       Hu is clearly a very relevant reference, as recognized by the examiner.                   
                Hu discloses reducing the size of the ROM look-up table by a factor of four                      
                by taking advantage of the quadrature symmetry of the sine and cosine                            
                functions, as in the disclosed invention (¶ 0011), and uses quadrant bits (the                   

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