Appeal No. 2000-0883
Application No. 08/672,528
parameters from the target VM before resuming execution, Sandage
clearly operates in a synchronous mode.
For claims 1 through 30, the examiner provides a reference
to show that an asynchronous mode is used by some programs
operating in a Windows environment. However, a showing that some
programs employ the asynchronous mode that is available in a
Windows operating environment is insufficient to establish a
motivation for selecting that mode for any given application,
particularly for one that clearly is operated in a synchronous
mode. Further, it appears that the entire operation of Sandage
would have to be changed to implement the alternate mode, and the
examiner has provided no guidance as to how one would go about
switching to the asynchronous mode. For claims 31 through 45,
the examiner relies solely on Sandage, while having admitted that
Sandage lacks any teaching of asynchronous operation. Thus, the
examiner has failed to establish a prima facie case of
obviousness, and we cannot sustain the rejection of claims 1
through 45.
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