Ex parte PEARCE - Page 3




          Appeal No. 1998-1104                                                        
          Application No. 08/380,985                                                  

                    returning from said SMM; and                                      
               responsive to a determination that said code for                       
          implementing said called one of said plurality of functions is              
          not stored in said secure memory space, executing said code                 
          for implementing said called one of said plurality of                       
          functions.                                                                  
               The examiner relies on the following references:                       
          Dayan et al. (Dayan)          5,063,496                Nov. 5,              
          1991                                                                        
          Thorson, M. (Thorson), “System management mode explained;                   
          despite common functions, implementation details differ,”                   
          Microprocessor Report, Vol. 6, No. 8, page 14(4), June 17,                  
          1992.                                                                       
               In addition, the examiner also relied upon admitted prior              
          art set forth on pages 2 and 3 of the specification.                        
               Claims 1-11 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Dayan in view of Thorson, and in further                  
          view of the admitted prior art.                                             
               Reference is made to the brief and the answer for the                  
          respective positions of the appellant and the examiner.                     
                                       OPINION                                        
               After careful consideration of the record before us, we                
          will not sustain the 35 U.S.C. § 103 rejection of claims 1-11.              





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