Ex Parte MANCISIDOR - Page 3



          Appeal No. 2000-0430                                                        
          Application No. 08/742,104                                                  

               Claim 5 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Miyahara in view of the SunSoft Guide and the             
          Digital Equipment Manual.                                                   
               Reference is made to the final rejection (paper number 6),             
          the brief (paper number 12) and the answer (paper number 13) for            
          the respective positions of the appellant and the examiner.                 
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse all of the rejections of record.                        
               Appellant and the examiner both agree (final rejection, page           
          3; brief, page 5) that Miyahara discloses “two or more operating            
          system personalities,” and a semaphore create or a semaphore                
          delete operation.  On the other hand, appellant disagrees (brief,           
          page 5) with the examiner’s finding (final rejection, pages 3 and           
          4) that Miyahara discloses “means for testing said operating                
          system specific semaphore operation to determine a transformation           
          (determining whether to perform[,] create or destroy operation,             
          col. 10[,] lines 10-50,” and “means for transforming said                   
          operating system specific semaphore operation into a generic                
          semaphore operation (transforming the semaphore operation into a            
          80960 kernel semaphore operation, col. 5 lines 33-42) using said            

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