Ex Parte BROWNING et al - Page 8




          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              

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