Ex Parte MERKEY - Page 5




          Appeal No. 2001-2553                                                        
          Application No. 08/512,369                                                  


          as an “idle thread claim” since this claim requires identifying             
          as a busiest processor a processor which has spent a higher                 
          proportion of its processing capacity running application threads           
          versus running an idle thread relative to other processors in the           
          system.  The fourth category, including claims 58, 59, 71-73 and            
          77, is identified as “limited frequency claims” since these                 
          claims require limiting the relative frequency of global dispatch           
          queue accesses.  Some claims, e.g., claim 53, appear in more than           
          one group because they have limitations which encompass more than           
          one group.                                                                  
               We accept appellant’s grouping of the claims in this manner            
          and we will treat the claim limitations as argued by appellant.             
               Turning first to independent claim 50, this claim requires,            
          inter alia, that a busiest processor be identified as a processor           
          which has received the smallest number of sleep requests during a           
          sampling period.                                                            
               While the examiner employs Rudolph as disclosing most of the           
          claim limitations (see pages 5-6 of the answer), the examiner               
          recognizes that Rudolph does not take into consideration the                
          number of sleep requests, as claimed.  Thus, the examiner turns             
          to Leung for the teaching of identifying as a busiest processor a           
          processor which has received the smallest number of sleep                   

                                         -5–                                          





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