Ex parte CUTTS et al. - Page 5




          Appeal No. 96-0905                                                          
          Application No. 08/116,950                                                  


          voted, there is no argument by appellants regarding such a                  
          limitation or teaching by Kreis.  With regard to Kreis,                     
          appellants argue only that the reference does not provide for the           
          alleged deficiencies of Kolb.  Accordingly, for purposes of this            
          appeal, we will focus, as do appellants and the examiner, on the            
          teachings of Kolb.                                                          
               With regard to the independent claims, the examiner                    
          recognizes that Kolb does not specifically teach that the CPU               
          cycle counters count machine cycles corresponding to execution              
          cycles but not machine cycles corresponding to stall cycles.                
          However, the examiner points to various portions of Kolb (page 3,           
          line 33 to page 4, line 1; page 9, lines 17-35) indicating that             
          there are many alternative possible choices of processor events             
          which can be used as a virtual time tick for the purpose of                 
          measuring virtual time.  Therefore, the examiner concludes, and             
          we agree, that it would have been obvious to have counted machine           
          cycles corresponding to execution, but not stall, cycles in order           
          to measure virtual time.                                                    
               In response to appellants’ argument that all the claims                
          require also that the interrupt signal is to be applied at a                
          “selected” or a “preselected” count value, the examiner points              
          out that in the second embodiment of Kolb, when an interrupt                

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