Ex parte CUTTS et al. - Page 7




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


                we agree with appellants’ last argument that the lead processor                                                               
                of Kolb receives the interrupt request and executes it as soon as                                                             
                it is sent at some random virtual time, and not at a                                                                          
                preselected/selected time, the instant claims are not so limiting                                                             
                as to distinguish over Kolb in this regard.  Since the claims are                                                             
                open-ended, i.e., the multiple CPU system “comprising”..., the                                                                
                “plurality” of CPUs recited in the claims need not include the                                                                
                lead processor as in Kolb but may very well include all of the                                                                
                processors of Kolb but for the lead processor.                                                                                
                         We find the examiner’s approach of interpreting the virtual                                                          
                time used to interrupt the lagging processors in Kolb as a                                                                    
                “preselected” or “selected” count to be sound.  We also find that                                                             
                each of the independent claims, in one form or another, requires                                                              
                that each of the CPUs has an interrupt circuit  and a counter and            2                                                
                that the interrupt circuit is responsive to an external interrupt                                                             


                         2While the language of claim 1 (“said CPUs having an                                                                 
                interrupt circuit”) and claim 3 (“an interrupt circuit connected                                                              
                to all of said CPUs”) might, at first glance, be interpreted as                                                               
                permitting a single, separate interrupt circuit coupled to each                                                               
                of the CPUs, it is clear from the disclosure, e.g., page 17, line                                                             
                25 and Figure 2, that each of the CPUs has an interrupt circuit                                                               
                65.  This, coupled with appellants’ similar interpretation, or                                                                
                admission, at page 5, fourth line up from the bottom, of the                                                                  
                reply brief, that the language of the claims mean that “each of                                                               
                the CPUs contains the recited interrupt circuit” would make any                                                               
                other interpretation unreasonable, in our view.                                                                               
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