Ex parte DAVIS - Page 6




          Appeal No. 1997-1264                                                        
          Application 07/882,560                                                      

          words, the reinitialization occurred due to a fault condition               
          of the computer even though the error was transient in nature.              
          The CPU of Guziak is not intended to be reset when the CPU is               
          operating in a fault-free state because Guziak desires to                   
          resume operations at the point where operations were                        
          interrupted when there is fault-free operation.  Hence, we                  
          find that Guziak fails to disclose the initialization of the                
          CPU regardless of whether the CPU is operating in the fault-                
          free state or the fault state as recited in claim 1.  We also               
          find that Guziak does not disclose a “notice of                             
          initialization” because the NMI signal of Guziak is not                     
          necessarily followed by an initialization.                                  
          Since all the features of independent claim 1 are not                       
          present in Guziak, we do not sustain the rejection of claim 1               
          as anticipated by the disclosure of Guziak.  Independent                    
          claims 16 and 69 also recite a “notice of an impending                      
          initialization” and the initialization of the CPU or reset of               
          the computer in both the fault-free operating state and in the              
          fault operating state.  Therefore, we do not sustain the                    
          rejection of independent claims 16 and 69 for the same reasons              
          discussed above with respect to claim 1.                                    

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