Appeal No. 95-2205
Application 07/750,807
Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983).
Appellant argues on page 5 of the brief that the size of the
GETVIS area can increase or decrease, but this is accomplished by
moving the partition and the total allocation remains the same in
all cases, 200 Kbytes. Appellant argues that contrary to claims
1 and 24, the GETVIS area of the IBM guide is not allocated from
virtual storage at the start of a job, but rather the GETVIS area
is merely partitioned from the fixed, pre-existing 200 Kbytes
virtual storage allocation made for the program at the start of
the program execution.
We appreciate Appellant’s argument that IBM discloses that
the virtual storage area is 200 Kbytes. However, Appellant's
claim 24 does not recite that the virtual storage space cannot be
a fixed amount of storage. We note that Appellant's claim 24
recites "allocating from a virtual storage" and does not require
that the virtual storage cannot be a fixed amount of space such
as the IBM 200 Kbytes.
Furthermore, we appreciate that IBM discloses that the
partitioned GETVIS area of 48K is a default allocation. However,
the Examiner is not relying on the default allocation for
teaching Appellant's claimed "allocating from said virtual
5
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