Ex Parte PROVINO et al - Page 6



          Appeal No. 2000-2283                                                        
          Application No. 08/497,287                                                  

               Appellants’ arguments in response to the Examiner’s                    
          obviousness rejection assert a failure by the Examiner to establish         
          a prima facie case of obviousness since all of the claim                    
          limitations are not taught or suggested by the applied prior art.           
          After careful review of the applied Sandage and Osisek references,          
          in light of the arguments of record, we are in general agreement            
          with Appellants’ arguments as set forth in the Briefs.                      
               Initially, we find ourselves in agreement with Appellants’             
          assertion (Brief, pages 8 and 9; Reply Brief, pages 4 and 5) that,          
          unlike the present invention, the calling program in Sandage does           
          not store information in any location, let alone global state               
          information in a global state store as claimed.  We also agree with         
          Appellants that the Examiner has not shown how the called program           
          in Sandage saves information in any store, let alone a global state         
          store, and eventually restores the saved information to the store           
          from which it was obtained, all features which appear in each of            
          the appealed independent claims.  Our interpretation of the                 
          disclosure of Sandage coincides with that of Appellants, i.e.,              
          while Sandage discloses the passing of information between calling          
          and called programs, there is no disclosure of the claimed features         
          which detail the operation of the called program when it is called          
          and when it returns control to the calling program.                         
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