Ex Parte Sheaffer - Page 7



                Appeal 2007-0018                                                                                 
                Application 10/107,262                                                                           
                       The phase accumulator in Hu clearly increments a phase value                              
                because it increments the phase value stored in latch 9 with the frequency                       
                control word (the phase increment value) every clock cycle.  The abstract                        
                does not suggest otherwise: it simply says that the output frequency is                          
                determined by the size of the phase increment.                                                   
                       Importantly, it is noted that "incrementing a phase value, if said phase                  
                value is to be incremented" is not tied in with the rest of claim 1.  Claim 1                    
                does not otherwise mention phase values or how the phase value or                                
                incremented phase value is to be used.  Claim 1 does not say that the phase                      
                value is incremented in response to decoding of the instruction.  Thus, Hu                       
                meets this limitation.                                                                           

                                                CONCLUSION                                                       
                       The rejection of claims 1-30 is reversed.                                                 
                                                 REVERSED                                                        




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