Appeal No. 2001-0048 Application No. 08/497,481 if the last task is not runnable or does not have a priority equal to the highest priority task. Vaswani does not separately determine whether the priority of a current task and the priority of an affinity task are equal to the highest priority before allocating the processor to the highest priority task. We disagree with the Examiner’s characterization of the last task as both the claimed current task and the affinity task (final rejection, pages 1& 2) since Vaswani determines the priority of the last task only once before moving on to executing the task with the highest priority. Therefore, the last task may be characterized as either the current task or the affinity task, not both, whereas claim 1 requires first, the selection of the current task having a priority equal to the highest priority, otherwise, the selection of the affinity task having the same priority as the highest priority. Cochcroft, on the other hand is relied on by the Examiner for teaching the selection of processors from a single run queue (final rejection, page 2). However, Cochcroft fails to overcome the above deficiencies of Vaswani with respect to claim 1. Assuming, arguendo, that it would have been obvious to utilize the single run queue of Cochcroft in Vaswani’s processor scheduling method, as held by the Examiner, the combination of 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007