Ex Parte Kaushik et al - Page 2

                Appeal 2007-1541                                                                             
                Application 10/334,695                                                                       

                      Appellants’ invention relates to selectively permitting branch trace                   
                store data to be logged based on the privilege level at which application                    
                execution is occurring.  In one embodiment, a privilege level is received by                 
                the operating system, identifying an execution mode of the processor.                        
                Affected privilege flags associated with that privilege level are then                       
                identified.  The privilege flags are used by the processor’s firmware and/or                 
                software to identify when the processor should write branch trace store data                 
                to the buffer during execution of branch instructions in the identified user                 
                application.  These privilege flag settings are inspected during execution                   
                with each instruction processed, and if the flags indicate branch trace store                
                data is to be logged to the buffer, then the processor’s firmware and/or                     
                software takes this action (Specification 1-2).                                              
                      Claim 1 is exemplary:                                                                  
                      1. A method to provide privileged-based qualifications for                             
                      branch trace store data, comprising:                                                   
                      receiving by instructions of a processor, a privilege level                            
                      associated with recording branch trace store data; and                                 
                      using, by the instructions of the processor, the privilege level to                    
                      set privilege flags associated with the privilege level, wherein                       
                      the set privilege flags are used to selectively log branch trace                       
                      store data.                                                                            
                      The prior art relied upon by the Examiner in rejecting the claims on                   
                appeal is:                                                                                   
                      Madduri                          6,189,140 B1                   Feb. 13, 2001          
                      Berry                               6,678,883 B1                   Jan. 13, 2004       
                                                                         (filed Jul. 10, 2000)               


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