It would be no problem for ATI to report more than 96 Instructions through D3DCAPS9.PS20Caps.MaxPixelShaderInstructionSlots.
And they could probably set D3DPS20CAPS_NODEPENDENTREADLIMIT and D3DPS20CAPS_NOTEXINSTRUCTIONLIMIT, maybe Arbitrary Swizzle, too.
Because each of the nine PS2.x "Extensions" is optional and independent from the others.
Saying PS2.0 has a maximum of 96 instructions is a bit misleading, because being able to handle 97 instructions already makes the implementation PS2.x
And they could probably set D3DPS20CAPS_NODEPENDENTREADLIMIT and D3DPS20CAPS_NOTEXINSTRUCTIONLIMIT, maybe Arbitrary Swizzle, too.
Because each of the nine PS2.x "Extensions" is optional and independent from the others.
Saying PS2.0 has a maximum of 96 instructions is a bit misleading, because being able to handle 97 instructions already makes the implementation PS2.x