a data memory (12) for storing a plurality N of data words said data memory holding the plurality N of digital words, said N words being stored therein with a least-significant-word thereof stored at an address location A and with a most-significant-word thereof stored at a location A+N;
an accumulator (36) having a plurality of storage locations (AC0 to AC31) for M data words of a second word-chain operand said accumulator holding the plurality M of data words, said M words being stored therein with a least- significant-word thereof stored at an address location B and with a most-significant-word thereof stored at a location B+M, an output port connected to the second input of the arithmetic logic unit for supplying said M data words and an input port connected to the output of the arithmetic logic unit for storing the result of the arithmetic logic unit output in a selected storage location; and
word artist 2.2 19
"an accumulator (36) having a plurality of storage locations (AC0 to AC31) for M data words of a second word-chain operand said accumulator receiving and holding the plurality M of data words, said M words being stored therein with a least-significant-word thereof stored at an address location B and with a most-significant- word thereof stored at a location B+M, an output port connected to the second input of the arithmetic logic unit for supplying said M data words and an input port connected to the output of the arithmetic logic unit for storing the result of the arithmetic logic unit output in a selected storage location; and"
a data memory (12) for storing a first plurality of data words of the predetermined length, said data words of said first plurality forming a first chain of data words representing a word of length greater than said predetermined length, said data words of said first plurality being stored in said memory with the least significant data word thereof stored at an address location A and with a most significant data word thereof of [sic] stored at a location A+N;
an arithmetic logic unit (31) of the predetermined length having a first input (A) connected to the product output of the digital multiplier (30), said arithmetic logic unit receiving said product output as a first word- chain operand, a second input (B) and an output (50);
an accumulator (36) having a first plurality of storage locations (AC0 to AC15) for a second plurality of data words of the predetermined length, said data words of said second plurality forming a second chain of data words representing a word of length greater than said predetermined length, said data words of said second plurality being stored in said memory with the least significant data word thereof stored at an address location B and with a most significant data word thereof of [sic] stored at a location B+M, an output port connected to the second input of the arithmetic logic unit for supplying the data words of the second chain as a second word-chain operand to the arithmetic logic unit, and an input port connected to the output of the arithmetic logic unit for storing the arithmetic logic unit output in a second plurality of storage locations (AC16 to AC31) for words of the predetermined length as a word-chain output, said storage locations of said first plurality and said second plurality being paired to be addressable with a single pointer; and
wherein in N+1 cycles an accumulated result of the product of multiplier word and the first word-chain multiplicand with the second word chain operand is stored in the second plurality of storage locations of the accumulator."
1.1 According to lines 4 to 8 of the claim, a data memory (12) holds N digital data words. According to lines 9 to 11 of the claim, addressing circuitry (14) is provided for sequentially recalling "a chain of data words from a first word-chain operand" for supply to a first input of the digital multiplier (30).
The description (see e.g. paragraphs [0059] and [0065] of A2) specifies the first input of the multiplier (30) as the multiplicand input (33). The multiplicand consists of the chain of N words stored in the data memory 12, see e.g. paragraphs [0063], [0087] and [0092].
Since that relationship (multiplicand = first word- chain operand = N words held in memory 12) is not expressed in the claim, the claim is not supported by the description, contrary to the requirements of Article 84 EPC.
1.2 Lines 17 to 19 of the claim specify a multiplier register (32). According to the description, the multiplier register 32 holds a multiplier word (rather than a multiplicand word), see e.g. paragraphs [0063] and [0092] of A2.
1.3 Lines 20 to 29 of the claim define an accumulator (36) having a plurality of storage locations for M data words of a second word-chain operand to be outputted to the arithmetic logic unit (ALU) 31. The result from the ALU 31 is said to be stored in a selected storage location of the (second input of the) accumulator 36.
The application goes on to state that prior art designs comprise two accumulators to enable non-destructive operations (avoiding memory thrashing) when operating on single-word data (A2, paragraphs [0006], [0011]).
From that problem and prior art, a skilled reader will readily extrapolate the general idea of increasing the number of accumulators (or the number of storage locations in the accumulator) when the accumulator(s) present a bottleneck to high speed processing, e.g. when multiple-word data chains are to be processed.
IV. The appeal board issued a summons to oral proceedings consequent to the auxiliary requests of the parties. The board indicated that, dependent on the outcome of the discussion relating to admissibility of the amendments in the claims (Article 123(2) EPC) and clarity (Article 84 EPC), it could envisage also hearing the cases of the parties on any other outstanding issues, including novelty, inventive step and the late filing of documents, submissions of the parties already being present in at least the first instance file. During the oral proceedings, the appellant submitted a main and auxiliary request, the wording of the independent claims of which is as follows:
Each zone has only one step and so far as the lens described with reference to Figure 1 is concerned, the zone geometry is defined by the equation in line 35 of column 4, wherein the role of R0 is not clear although it could represent an offset. The claim at issue is not however clear because the word "corresponding" normally means to the skilled person that "similar or identical given factors are present (ähnliche oder gleiche Gegebenheiten vorliegen)", yet in the present claim the criteria of correspondence in respect of the "corresponding zones of a diffractive lens" are obscure, this obscurity being further compounded by the presence of the unreferenced zone between 60 and 62 in Figure 2.
2.1. Claim 1 differs from claim 1 as granted by virtue of (1) the features after "non-zero integers," (2) the recitation that the second zone is disposed outside the first zone and (3) replacement of the references to "at least one optical step () each" by "an optical step". The word "said" has been replaced by "the" in the phrase following "2kp", i.e. in the phrase "a distance from the lens".
2.2. The features specified in point 2.1(1) and (2) further restrict the lens claimed. "An optical step" as specified in point 2.1(3) is included within the wording "at least one optical step" and replacement of "said" by "the" amounts in both cases merely to a reference to the antecedent basis in the claim of the feature concerned. Accordingly, the amendments made to claim 1 do not extend the scope of protection conferred and are thus in accordance with the Article 123(3) EPC.
3.1. According to the patent, manufacturing smaller zone widths further from the optical axis (column 1, lines 48 to 49 (corresponding to lines 51 to 53 in column 1 and of the "A" publication))is hard. The problem is again addressed in column 4, lines 41 to 46 (column 5, lines 36 to 41 of the "A" publication) where it is recited that because of the extremely small size of such outer zones it is very difficult to manufacture them. The problem of small size is taught in lines 12 to 15 of column 5 (lines 8 to 11 of column 6 of the "A" publication) as being avoided by combining what would have been two or more (emphasis added by the board) zones according to the prior art into a single zone. The patent introduces the word superzone for a combined single zone corresponding to more than one zone of a prior art lens (column 5, lines 21 to 23 (lines 18 to 20. of column 6 of the "A" publication)). It not disputed by the parties that it is explicit from lines 25 to 29 of column 5 of the patent (corresponding to lines 22 to 26 in column 6 of the "A" publication) that, in the case of two zones, the width of the single combined zone is that of two uncombined zones. In the patent this is expressed as each of the zones (the combined single or superzones) having a width equal to two zones of a prior art lens and steps having an optical height equal to two times the design wavelength. A superzone corresponding to three diffractive zones (column 5, line 35 of the detailed description (corresponding to lines 26 to 27 of the "A" publication)) of a prior art lens is then explained as having an optical height equal to three times the design wavelength. Although no specific recitation of the width of this superzone is given, the skilled person derives directly and unambiguously from the recitation of two or more and the entire thrust of the patent application as filed relating to the combined or superzones overcoming the problem of a too small width, that the width of this superzone is indeed that of three zones of a prior art lens. This relationship is directly and unambiguously derivable for larger numbers than three by virtue of the term "or more" and for example column 6, lines 11 to 13 (lines 10 to 13 of column 7 of the "A" publication) reciting that there is no requirement that superzones cannot be associated with more than three prior art zones. Accordingly, the skilled person derives the features specified in 2.1(1) and (2) above directly and unambiguously from the documents as filed. 2ff7e9595c
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