Appeal No. 2001-1206
Application No. 08/588,942
We agree with appellants, at page 2 of the reply brief, that
this statement is “nonsensical and unsupported” by any teaching
of Cutler. As explained by appellants, since the UNIX system is
a multitasking operating system that supports the concurrent
execution of multiple applications by multiple users, the
execution of a program under the UNIX SVR3 operating system of
Cutler would not appear to preclude the concurrent execution of
one or more other programs and we find nothing within Cutler that
would contradict this.
Accordingly, we find nothing in the combination of applied
references that would have suggested the claimed shell which
“constrains said second operating system such that another
program cannot be invoked under said second operating system
until after control is returned to said first operating system.”
Since each independent claim contains this limitation, we
will not sustain the rejection of claims 1-10, 12-23, 25-36 and
38-45 under 35 U.S.C. 103.
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