Ex Parte MERKEY - Page 10




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


          appellant’s view, we will sustain the rejection of claims 52, 54,           
          55, 60-64, 66-70 and 75 under 35 U.S.C. § 103.  This is because             
          as we read page 240 of Rudolph, the reference recites “A system-            
          wide threshold value, J, is fixed such that only task workpiles             
          whose length differs by more than J will perform a balancing                
          operation.”  Thus, contrary to appellant’s contention, Rudolph is           
          not comparing a thread count in one workpile with the thread                
          count, or number of tasks on a workpile, in another workpile, but           
          instead, is comparing a thread count to a predetermined, or                 
          threshold, value, J.                                                        
               Specifically, with regard to claims 54 and 55, appellant               
          argues that Cheng, applied for a teaching of global and local               
          queues, teaches queues which are neither local nor global.                  
               First, we note that the Cheng and Valencia references are              
          applied in the alternative in rejecting claims 54 and 55.  Since            
          appellant presents no argument regarding Valencia, we must take             
          the examiner’s position as viable and the rejection of claims 54            
          and 55 can be sustained for that reason alone.                              
               Moreover, the examiner points out that the “ready queues” of           
          Cheng are local (pointing to Figure 1-task queue organizations)             
          and that “the tasks in a centralized ready queue are local and              
          are in a global queue and Cheng teaches that” (answer-pages 18-             

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