Appeal No. 1997-1264
Application 07/882,560
initialization and does not disclose an apparatus or method
that resets a CPU regardless of whether the CPU is operating
in a fault-free state or a fault state [brief, pages 9-16].
The examiner asserts that the non-maskable interrupt (NMI) of
Guziak operates as a notice of initialization. The examiner
also argues that the CPU in Guziak is initialized in a fault-
free state because initialization can occur after a transient
fault is detected which is a fault-free state in Guziak
[answer, pages 13-16]. Appellant responds that the examiner
has misconstrued the disclosure of Guziak [reply brief].
We have carefully considered the disclosure of Guziak,
and we generally agree with the position of appellant as
expressed in the briefs. Most importantly, we agree with
appellant that the CPU of Guziak is not initialized or reset
when the CPU is in a fault-free operating state. Guziak
indicates that if a transient fault has been detected and is
corrected by the reinitialization, that fault will not be
detected a second time and the CPU resumes suspended
operations. Thus, reinitialization has occurred as a result
of a transient fault which is a fault state of operation and
not a fault-free state as argued by the examiner. In other
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