Ex Parte MERKEY - Page 12




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


          searching or scheduling functions.                                          


               Moreover, appellant argues, the rejection should be reversed           
          because Squillante does not discuss “idle threads,” as used in              
          the claims.                                                                 
               We will not sustain the rejection of claim 74 because while            
          Squillante teaches “busy” and “idle” processors, the claim is               
          directed to “application” and “idle” “threads.”  While Draves               
          does mention, in passing, an “idle thread,” it is unclear to us             
          how a mere mention of an “idle thread” would have suggested any             
          modification to Squillante regarding identifying a busiest                  
          processor, the busiest processor having spent a higher proportion           
          of its processing capacity running application threads versus               
          running an idle thread relative to a plurality of other                     
          processors.                                                                 
               Accordingly, the rejection of claim 74 is not sustained.               
               Turning, finally, to the rejection of claims 58, 59, 71-73             
          and 77 in the “limited frequency” group, appellant argues that              
          Valencia teaches local and global run queues and moving processes           
          between queues but does not teach the claimed global-local-global           
          sequence, which requires a step that yields control to a local              
          queue thread at least once between two steps that each yield                
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