Ex Parte BROWNING et al - Page 5




          Appeal No. 2001-0048                                                        
          Application No. 08/497,481                                                  


          consider claim 1 as one group and the remaining claims as another           
          group represented by independent claim 3.                                   
               With respect to the rejection of claim 1, Appellants                   
          recognize that the current/last task of Vaswani is actually the             
          task with the greatest affinity with a particular processor                 
          (brief, Page 7).  Appellants further point out that Vaswani                 
          executes the current/last task if it is runnable and has a                  
          priority equal to the highest priority task but executes only the           
          highest priority task otherwise (id.).  Referring to the                    
          situation in which the current/last task is not runnable or has a           
          priority not equal to the highest priority task, Appellants                 
          assert that claim 1 differs from the prior art since it requires            
          the additional step of determining whether an affinity task                 
          having the same priority as the highest priority task is present            
          (brief, page 8).                                                            
               In response to Appellants’ arguments, the Examiner asserts             
          that Vaswani’s last task is not necessarily the current task and            
          “is determined by checking the history; e.g. a process having               
          affinity for that processor is located” (answer, pages 4 & 5).              
          The Examiner also argues that it is this last task which is run             
          if “that task is runnable and has a priority as high as any                 
          runnable process” (answer, page 5).  The Examiner concludes that            

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