Ex parte FORTIN et al. - Page 6




          Appeal No. 1998-0718                                                        
          Application No. 08/400,779                                                  


          Smith does not teach the plurality of monitoring programs as                
          claimed [answer, pages 3-5].  Will teaches a system for                     
          monitoring data structures representative of a plurality of                 
          users in a distributed computer processing system.  Although                
          Will has apparently nothing to do with monitoring execution of              
          a software program (as intended by Haswell-Smith and                        
          appellants), the examiner finds the claimed plurality of                    
          monitoring programs to be broadly met by the control blocks of              
          Will which are assigned to each individual user.  The examiner              
          asserts the obviousness of applying the teachings of Will to                
          the system of Haswell-Smith to provide that system with                     
          enhanced capability [id.].  The examiner also points to a                   
          teaching of Bolosky [answer, page 6] although Bolosky is no                 
          longer a reference being relied on.                                         
          Appellants argue that Haswell-Smith does not teach a                        
          plurality of monitoring programs as recited in the claimed                  
          invention and that Will also does not teach a plurality of                  
          monitoring programs despite the examiner’s assertions to the                
          contrary.  Appellants argue that the monitoring units of Will               
          only monitor the status of a connected user and not the                     
          instructions of a computer program.  Thus, appellants argue                 
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