Ex Parte PROVINO et al - Page 4




          Appeal No. 2000-0883                                                        
          Application No. 08/672,528                                                  


          after posting the message without waiting for response from the             
          receiving program.”  The examiner states (Answer, page 5) that              
          message queues are used “to enable an application program                   
          (receiving program) to receive multiple messages from other                 
          programs.”  The examiner concludes (Answer, page 5) that it would           
          have been obvious to include a message queue (and thus an                   
          asynchronous mode of operation) in Sandage “so as to enable all             
          VMs to access the shared code. ”                                            
               In the examiner’s response to appellants’ arguments, he                
          states (Answer, page 7) that the asynchronous mode of                       
          interprogram messaging and application message queues are                   
          inherent to the Windows operating environment and, therefore, to            
          Sandage.  The examiner continues (Answer, page 8) that the                  
          skilled artisan would have been motivated to apply the message              
          queues to Sandage “to provide the device driver with the ability            
          to handle multiple function calls to the shared code. ”                     
               Appellants point out (Brief, page 9) that in Sandage “[t]he            
          shared code VxD invokes calls to a Windows Process scheduler to             
          schedule the target VM and block selection of the calling VM. ”             
          Our review of Sandage confirms that Sandage does block selection            
          of the calling VM until after the target VM executes the shared             
          code routine and generates the return parameters (see column 7,             
          lines 39-51).  As the calling VM must wait for the return                   
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