Appeal No. 2002-0759
Application No. 09/088,747
The disclosed invention relates to a mechanism and to a
process for user heap management.
Claim 1 is illustrative of the claimed invention, and it
reads as follows:
1. A mechanism for user heap management during program
execution in an operating system having means for allocating
dynamic memory and a runtime library, the mechanism comprising
user-controlled means for directing heap allocation requests,
said user-controlled means being located in the memory supplied
by an executing program and including therein heap control data
defining heap type and semaphores for multithreading.
The reference relied on by the examiner is:
Benayon et al. (Benayon) 5,809,554 Sept. 15, 1998
Claims 11 through 13, 15, 16, 21 and 22 stand rejected under
the judicially created doctrine of double patenting over claims
1 through 3 of Benayon.
Reference is made to the noted brief and the answer for the
respective positions of the appellants and the examiner.
OPINION
In response to the rejection, appellants state (brief, page
1) that “[t]his rejection will be addressed by the filing of a
terminal disclaimer in compliance with 37 C.F.R. 1.321(c) upon
the finding of allowability of any of the claims in question.”
In view of appellants’ response, the judicially created double
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