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Ex Parte BOLAND - Page 5
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Board of Patent Appeals and Interferences > 2004 > Ex Parte BOLAND - Page 5
Appeal No. 2004-2175
Application 09/086,627
some resources back for future use or for some specific purpose."
From our point of view, as well as we believe the artisan's,
this recognition alone substantially teaches or the artisan
would have recognized the use of the word "reserve" as meaning
guaranteeing a minimum number of available resources for future
use or specific purposes, as tuaght in Culbert
We continue now with our noted teachings that are
significant in our conclusion that the feature of independent
claim 1 on appeal that a first process is guaranteed its
resources should insufficient network resources become available.
This paraphrase of or the language at the end of claim 1 on
appeal does not say for or with respect to what the
unavailability or insufficiency occurs. However, this alone is
not dispositive of the issue since the operation of the Update
Resource Measurement routine activates timers on a routine bases
as discussed at the bottom of column 8, yet it is stated at
column 8, lines 57-59 "that error intolerant tasks never have
their resource utilization records updated with actual use."
At column 9, lines 20-23 it is indicated that the act of
retrieving resources from an existing task is called degradation
which is essentially depicted in Figure 4 of Culbert. The
concept of degradation "occurs when a task is asked to give up
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Last modified: November 3, 2007
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