Ex parte LOO et al. - Page 8




          Appeal No. 95-4714                                                          
          Application No. 08/046,476                                                  


          "kernel."   As explained above, the role of the CPU in the2                                                                  
          flushing operation is limited to issuing a Flush command and                
          responding to a Bus Request signal by issuing a Bus Grant signal.           
          The claimed comparison function is performed by the circuitry               
          depicted in Figure 12, which provides Context Match, Page Match,            
          and Segment Match signals to the circuitry of Figure 11, which              
          issues a Flush Match signal when the requisite conditions have              
          been satisfied.  Furthermore, the recitation that the kernel is             
          involved in the comparison and flushing functions contradicts               
          the "flush control logic means" paragraph, which specifies that             
          the flush control logic means maintains control of the address              
          bus from the time it receives a flush command from the central              
          processor until the cache block flush operation has been                    




               2Because the specification does not provide a definition of            
          "kernel," it is given its broadest reasonable interpretation                
          consistent with appellants' disclosure.  In re Zletz, 893 F.2d              
          319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).  Neither                   
          appellant nor the examiner has provided a definition of this                
          term.  We note it is described as follows in A. Silberschatz & P.           
          Galvin, Operating System Concepts 5 (4th ed. 1994) (copy                    
          enclosed): "There is . . . no universally accepted definition of            
          what is part of the operating system and what is not. . . .                 
          [T]he operating system is the one program running at all times on           
          the computer (usually called the kernel), with all else being               
          applications programs" (emphasis in original).                              
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