Ex Parte Jourdan et al - Page 3

                Appeal 2007-2467                                                                              
                Application 09/750,150                                                                        


                      13. A multi-mode predictor in a processor, comprising:                                  
                      a first table indexed by an instruction pointer and having table entries                
                that includes a mode field and an information field;                                          
                      a second table indexed by a function of said instruction pointer and                    
                said first table; and a hit condition in said second table that correlates to a               
                predicted value of a prediction mode.                                                         

                                                C. REJECTION                                                  
                      Claims 1-26 stand rejected under 35 U.S.C. § 102(b) as anticipated by                   
                Kai Wang and Manoj Franklin, Highly Accurate Data Value Prediction                            
                Using Hybrid Predictors, IEEE, at 281-290 (1997) (“Wang”).                                    

                                         II. CLAIM GROUPINGS                                                  
                      “When multiple claims subject to the same ground of rejection are                       
                argued as a group by Appellant, the Board may select a single claim from                      
                the group of claims that are argued together to decide the appeal with respect                
                to the group of claims as to the ground of rejection on the basis of the                      
                selected claim alone.  Notwithstanding any other provision of this paragraph,                 
                the failure of appellant to separately argue claims which appellant has                       
                grouped together shall constitute a waiver of any argument that the Board                     
                must consider the patentability of any grouped claim separately.”  37 C.F.R.                  
                § 41.37(c)(1)(vii) (2005).1                                                                   

                                                                                                             
                1 We cite to the version of the Code of Federal Regulations in effect at the                  
                time of the Appeal Brief.  The current version includes the same rules.                       

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