Ex Parte Swoboda et al - Page 7

              Appeal 2007-1754                                                                     
              Application 09/943,599                                                               
                                                                                                  
              pair) – the result of an independent process utilizing TCODES 0010 and               
              0111.                                                                                
                    Nor do we find Mann’s counter functionality as anticipating                    
              independent claim 1.  As we indicated previously, Mann’s counter counts              
              each trace record that lacks address information (i.e., records with                 
              TCODE=0001).  The counter is initially loaded to a value contained in the            
              TSYNC register.  For each trace entry having address information, the                
              counter is reloaded with this TSYNC register value.  However, for each               
              trace record that lacks address information, the counter is decremented by           
              one.  If the counter reaches zero, a trace entry is automatically provided that      
              includes the current program address (e.g., the most recent retired                  
              instruction) along with TCODE=0110 (Trace Synchronization) (Mann, col.               
              16, ll. 3-55; Fig. 7).                                                               
                    Although each occurrence of trace records without address                      
              information (e.g., conditional branches) results in a counter value that is          
              “offset” with respect to the TSYNC register value, such an offset does not           
              correspond to an offset from the synchronization marker, as claimed.  The            
              inserted program address (i.e., having a TCODE=0110) is unaffected by this           
              offset.  Rather, such an offset merely dictates when to provide a trace entry        
              with current address information.                                                    
                    For the foregoing reasons, we find that Miller does not disclose all           
              limitations of independent claim 1.  Accordingly, we will not sustain the            
              Examiner’s rejection of that claim or dependent claims 4 and 5.                      





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