Ex Parte BROWNING et al - Page 7




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


          (Fed. Cir. 1984); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268,             
          271-72 (CCPA 1966).                                                         
               Our review of Vaswani confirms that the reference relates to           
          a scheduling order of tasks to be executed on multiprocessor                
          systems by considering affinity of the task in order to improve             
          processing efficiency.  Section A.1 on page 31 of the reference,            
          as relied on by the Examiner, and the two preceding paragraphs,             
          state in part:                                                              
                    Introducing affinity to Dynamic requires that the                 
               allocator have access to processor and task histories ....             
                    We incorporated processor affinity into Dynamic’s                 
               allocation decisions as follows:                                       
               A.1  Whether a processor becomes available for reallocation,           
               the last task to have run on it is identified using the                
               processor’s history.  If that task (last-task) is not                  
               currently active on some other processor but is runnable               
               with useful work to perform, and if the priority of the job            
               to which last-task belongs is as high as that of any job               
               currently requesting processors, then last-task is activated           
               on the available processor.  Otherwise, the processor is               
               allocated to the requesting job of highest priority.                   
          Therefore, Vaswani selects the last task to be executed if it is            
          runnable and has a priority as high as the highest priority                 
          running task, otherwise selects the highest priority task.                  
          Whether the last task is interpreted as the current task, as                
          pointed out by Appellants, or as the affinity task, as asserted             
          by the Examiner, Vaswani executes the highest priority task only            

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