Ex parte NISHIMURA et al. - Page 10




            Appeal No. 1997-2983                                                   Page 10               
            Application No. 08/482,792                                                                   




                  Here, the examiner admits that the AAPA does not disclose                              
            using dedicated buses for any reason, let alone only for                                     
            context switching.  He specifically concedes, "[a]pplicant's                                 
            admission fails to detail the third and fourth bus."                                         
            (Examiner's Answer at 5.)  The examiner asserts, "Levy et al.                                
            (col. 6, lines 1-6) and Delagi et al.(col. 2, lines 5-10 et                                  
            seq.; fig. 2) expressly detail the use of dedicated buses from                               
            the CPU to the RAM and a separate system bus."  (Examiner's                                  
            Answer at 5.)  Although the references teach using dedicated                                 
            buses, the buses are not used for context switching.  In fact,                               
            the examiner does not allege, let alone show, that either Levy                               
            or Delagi even mention context switching.  He also fails to                                  
            show that Tanaka or Maejima remedy the defect of AAPA, Levy,                                 
            and Delagi.                                                                                  


                  Because the examiner does not meet the requirement for                                 
            actual evidence, we are not persuaded that teachings from the                                
            prior art would have suggested the limitations of "third and                                 
            fourth buses being exclusively used for switching between the                                
            presently executing program and the different program;" "a                                   







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