Appeal 2007-0984
Application 10/044,432
well as the specific type of processor identified in Figure 1 as element 101 at
the bottom of column 2 of Bright, makes no reference to prior art structures
or processors that the artisan would consider well known in the art to have
embodied the quoted terms as well as the term “kernel.” Moreover, no
operating system associated with the identified general and specific
teachings of prior art processors has been indicated to the reader in Bright.
Therefore, it cannot be fairly stated within 35 U.S.C. § 102 utilizing the
Examiner’s inherency argument that the disputed terms, all of which were
noted earlier, as recited in each independent claim on appeal, are necessarily
present or implicit from an artisan’s perspective within Bright. Since an
understanding from an artisan’s perspective is not specifically taught as to
these terms in Bright as well as inherently and necessarily part thereof, the
rejection of each independent claim under 35 U.S.C. § 102 must be reversed.
Likewise, the respective rejection of the dependent claims set forth in the
initially stated rejection must also be reversed as well the separately stated
rejections utilizing additional prior art under 35 U.S.C. § 103.
On the other hand, we introduce our own rejection of all claims on
appeal within 35 U.S.C. § 103 through the provisions accorded us within 37
C.F.R. § 41.50(b). We simply add to the Examiner’s reasoning of each of
the above-noted separately stated rejections of the claims on appeal the
starting point being the admitted prior art beginning at Specification page 1,
line 26 through at least the discussion at Specification page 2, line 23. The
discussion here makes clear to us and the artisan that such operating systems
that utilize kernel level privileged accessibilities and the ability to transition
selectively from protected modes to real modes were known in the art. What
the prior art recognizes as deficient was that any non-privileged user may
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