Appeal No. 1997-0760
Application No. 08/003,000
access to the list is available." The examiner's response is
merely that the two schedulers are part of the Executive
program, which in turn accesses the task list. Therefore, the
two schedulers, as parts of the Executive program, access the
task list. The first problem with such reasoning is that, as
explained above, the Executive program does not satisfy the
limitation of two scheduling means. Therefore, the Executive
program's access to the task list is insufficient to establish
dual scheduler access. Second, even if we were to consider
the Executive program as having two portions, the examiner has
not established that both portions of the program access the
task list. From Parkin (column 2, lines 23-28), it appears
that only the portion of the Executive program which is stored
in the memory of the processor (the portion described by the
examiner as being the user-side scheduling means) accesses the
task list. Therefore, Parkin fails to disclose dual scheduler
access to the task list.
In summary, Parkin does not teach a multithreaded system,
both multithreading scheduling means and also user-side
scheduling means, nor dual scheduler access to the task list.
As "[i]t is axiomatic that anticipation of a claim under §102
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