Ex parte KELLEY - Page 5




          Appeal No. 95-1544                                                          
          Application 08/003,602                                                      

                    The examiner identifies the "undoing" portion of the              
          claim as being equivalent to that taught by Yamaguchi at column             
          5, lines 66 et seq. [answer, page 4].  In response to appellant's           
          arguments, the examiner stated [answer, pages 6-7] that this is             
                    taught as the recovering of contents of                           
                    the saved internal registers to return                            
                    to a restart point.  This teaches the                             
                    limitations of "substantially no                                  
                    executed fragments of the special                                 
                    section of code are in existence".  As                            
                    Yamaguchi returns to a restart point for                          
                    execution, the steps executed after the                           
                    restart point are "erased".  Yamaguchi                            
                    has a "clean slate" to the point of the                           
                    restart point in the program.                                     
                    We have reviewed the portion of Yamaguchi cited by the            
          examiner for the "undoing" limitation of the claims and while we            
          agree that Yamaguchi discloses an instruction restart procedure             
          for restarting an instruction after a page fault process, we find           
          nothing in Yamaguchi which erases operations carried out by a               
          special section of code, so that no executed fragments are in               
          existence, before retrieving the unavailable memory reference               
          from a secondary storage, thereby assuring that the entire series           


          from said secondary storage in response to a requested memory               
          reference not being available in said assigned storage," and in             
          claim 18, at step (c) "interrupting said executing said special             
          section of code if it is determined in step (a) that a requested            
          memory reference is not available in assigned storage" followed by          
          the step of "undoing..."                                                    

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