Appeal No. 1997-0760
Application No. 08/003,000
of the processor. Accordingly, the portion stored
in the memory of the processor is the "user-side"
and the portion stored outside the memory of the
processor is the "multithreading scheduling means."
Therefore, there are dual schedulers to the extent
required by the claim language.
In other words, the examiner has arbitrarily divided Parkin's
Executive program into two parts to meet the limitations of
both user-side scheduling and also multithreading scheduling.
There is no indication in Parkin that the Executive
program has two independent parts, one of which schedules
execution of executable processes, and a second of which
comprises an executable computer program for scheduling
execution of other processes and for searching request queues
stored in the common memory to coordinate work requested by
executing processes with non-executing processes. Parkin's
statement that the Executive program is "stored at least
partially in the memory of each [processor]" is insufficient
to conclude that a second portion not stored in the memory of
the individual processor functions separately from the first
portion.
Appellants further assert (Brief, page 13) that there is
"no teaching in the Parkin invention that dual scheduler
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