Ex parte PEARCE - Page 5




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

                    part of their functionality, but with                             
                    maximum security with respect to other                            
                    parts.  Typically, this problem is solved                         
                    by sacrificing efficiency for security and                        
                    executing the entire extended API in the                          
                    SMM.                                                              
                         The claimed invention provides a                             
                    solution to this problem[.][sic, by]                              
                    Applicant has solved this problem by                              
                    storing code for implementing some (i.e.,                         
                    less than all) of a plurality of the                              
                    functions of an API in secure (i.e., SMM)                         
                    memory space and storing code for                                 
                    implementing the rest of the functions of                         
                    the same API in non-secure memory space, a                        
                    feature which is neither taught nor                               
                    suggested by the cited combination of                             
                    references.  In addition, because none of                         
                    the cited references teach or suggest                             
                    storing code for implementing certain                             
                    functions in secure memory space and code                         
                    for implementing the remaining functions in                       
                    unsecure memory space, it logically follows                       
                    that the references also fail to teach                            
                    determining whether code for implementing a                       
                    called one of the API functions is stored                         
                    in said secure memory space, as all                               
                    functions are stored in the same memory                           
                    space.                                                            
                         As conceded by the Examiner, Dayan                           
                    fails to teach operating in [a] system                            
                    management mode and an applications program                       
                    interface, for which Thorson and Admitted                         
                    Prior Art are respectively cited.  However,                       
                    even assuming arguendo that the references                        
                    are properly combinable, the combination                          
                    teaches, at best, executing the entire API                        
                    in SMM, which is exactly the problem solved                       
                    by Applicant’s invention (see                                     
                    [Specification,] page 3, lines 4-11).                             
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007