Ex parte AUSLANDER et al. - Page 7




          Appeal No. 1999-0041                                                         
          Application 08/475,669                                                       


          Undy, Page 17, Left Column, especially after the combination                 
          with James.”  (Examiner’s Answer at 5.)  The appellants argue,               
          “the asserted Undy-James combination cannot fairly be said to                
          teach disclose or suggest a mechanism that allows tasks to                   
          execute on a task for task basis directly on said conventional               
          bi-endian processor.”  (Appeal Br. at 5.)                                    


               “‘[T]he main purpose of the examination, to which every                 
          application is subjected, is to try to make sure that what                   
          each claim defines is patentable.  [T]he name of the game is                 
          the claim ....’”  In re Hiniker Co., 150 F.3d 1362, 1369,                    
          47 USPQ2d 1523, 1529 (Fed. Cir. 1998)(quoting Giles S. Rich,                 
          The Extent of the Protection and Interpretation of                           
          Claims--American Perspectives,                                               
          21 Int'l Rev. Indus. Prop. & Copyright L. 497, 499, 501                      
          (1990)). Here, claims 2-5 and 18 specify in pertinent part the               
          following limitations: “a conventional bi-endian processor,                  
          said processor being used to execute a plurality of tasks,                   
          said tasks including big endian tasks and little endian tasks;               
          ... said tasks executing on a task-for-task basis directly on                
          said conventional biendian [sic] processor ....”  Accordingly,               
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