Assembler Compatible Not Binary Compatible, Linux
 

I read that Zilog Z80 CPU is "Assembler Compatible but not Binary Compatible" with Intel 8080 CPU to avoid patent and copyright infringement.

What happen if a new CPU is "Assembler Compatible but not Binary Compatible" with x86? Is this CPU infringe Intel/AMD patents?
The new CPU will have the same number and type of registers, ALU (arithmatic logic unit).

Because Linux kernel and most of the applications are open source and written using C and x86 assembler, is it possible to recompile Linux kernel and applications for this CPU without any modification to the source code?

Thank you.

It probably means you can use the same syntax for the assembly code, but the assembled code isn't the same...