Ex parte YU et al. - Page 5




              Appeal No. 1999-0080                                                                                     
              Application No. 08/558,929                                                                               


                     The portion of Sherer relied upon by the examiner is columns 4 and 5, which                       
              state in relevant part                                                                                   
                     [i]ndividual elements 16, 18, 20, 22 represent different encoded operating                        
                     system segments forming a part of the operating system program, but each                          
                     optimized for a specific microprocessor 30 (of a type yet to be identified),                      
                     and program element 24 represents an encoded operating system segment                             
                     which operates equally well with all of the types of microprocessor 30.                           
                     Included is a program element 26 which is useful to identify the type of                          
                     microprocessor. This program element 26 may be a set of instructions which                        
                     executes uniquely with each of the types of microprocessors and which                             
                     returns a flag of some value which identifies the type of microprocessor. It                      
                     may be executable code comprising a series of tests which selectively                             
                     eliminates microprocessor types as choices without resulting in an abortive                       
                     attempt at execution of instructions.                                                             
                     The process according to the invention starts by loading all of the program                       
                     elements 16, 18, 20, 22, 24, 26 of the operating system from a mass                               
                     storage system 14 into system memory 28 (Step A, FIG. 1).                                         
                     The program element 26 is then executed by the microprocessor 30 as the                           
                     test for the type of the microprocessor 30 in use (Step B). With each test, a                     
                     flag signal 32 is returned to the program module as a parameter for use in                        
                     further execution of the program element 26 until the type of microprocessor                      
                     in use is uniquely identified.                                                                    
                     Once the type of microprocessor is identified, the program element 26 then                        
                     identifies which portions 34 of itself are still needed and which portions 36,                    
                     38, of itself are no longer needed (FIG. 3), and the memory locations                             
                     corresponding to those unneeded portions 36, 38 are released or freed for                         
                     use by other programs (Step C). In order to compact the storage of the                            
                     needed portion 34, the needed portion 34 may be relocated within the                              
                     memory 28 (Step D and FIG. 4). Pointers to the needed portions 34 are                             
                     reset (Step E), and other portions of the operating system (if any) can be                        
                     loaded (Step F).                                                                                  



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