Ex parte PEARCE - Page 4




          Appeal No. 1998-1104                                                        
          Application No. 08/380,985                                                  

               According to the examiner (Answer, pages 4-5), Dayan                   
          teaches the claimed apparatus and method steps but “does not                
          teach operating in the system management mode and an                        
          applications program interface (API).”  For such teachings,                 
          the examiner turns to Thorson (Answer, page 5).  Based upon                 
          the teachings of Thorson, the examiner contends (Answer, page               
          5) that “[i]t would have been obvious to a person of ordinary               
          skill in the art at the time the invention was made to operate              
          Dayan et al’s system in SMM and include API functions to                    
          service the application programs because SMM is designed to                 
          operate in multitasking environments like that of Dayan’s                   
          which utilize both protected and real modes to efficiently                  
          negotiate each mode of operation and APIs provide reliable                  
          interfaces to an application.”                                              
               Appellant argues (Brief, pages 4-5) the following:                     
                         In particular, as discussed in the                           
                    “Background of the Invention,” one of the                         
                    principal benefits of SMM is that it                              
                    provides a secure memory location for                             
                    status and control code; however, the price                       
                    of this security is a significant reduction                       
                    in efficiency.  In some platform designs,                         
                    extended applications program interfaces                          
                    (APIs), such as Advanced Power Management                         
                    (APM), Plug and Play (PnP) and other                              
                    machine dependent programs, need to run                           
                    with maximum efficiency with respect to                           
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