Ex Parte BITAR et al - Page 9




          Appeal No. 2002-0792                                                        
          Application 08/801,646                                                      


                    allocating, at the user level scheduler, one or more              
               threads of the plurality of threads to each of the                     
               processors assigned to the program, wherein the step of                
               allocating includes the step of reading register context               
               from one of the plurality of register save areas.                      
          For the reasons as we have pointed out above, we fail to find               
          that Polychronopoulos or Anderson teaches the above limitations.            
               For claims 27, 40 and 52, Appellants argue that the Examiner           
          has failed to show how the references cite and teach or suggest             
          all the limitations recited in these claims.  In particular,                
          Appellants argue that the Examiner has not shown how the                    
          references teach the use of a first and second kernel of                    
          scheduler to schedule threads across a first and second kernel.             
               We note that Appellants’ claim 23 recites:                             
                    a kernel level scheduler, executing within the                    
               protected kernel mode of one of the plurality of processors,           
               for allocating processors to a program;                                
                    first program code executing in one of the plurality of           
               processors for creating a shared arena within the memory,              
               wherein the shared arena includes a register save area for             
               each of the plurality of threads; and                                  
                    second program code executing in the processor, wherein           
               the second program code includes scheduling code for                   
               scheduling threads from the plurality of threads, wherein              
               the scheduling code includes program code for selecting a              
               thread from the plurality of threads and for switching to              
               the selected thread by reading register context associated             
               with the selected thread from one of the plurality of                  
               register save areas.                                                   
                                                                                     

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