Ex Parte CLARK - Page 5



          Appeal No. 2001-1606                                                        
          Application 08/582,661                                                      

          Arguments which appellant could have made but chose not to make             
          in the brief have not been considered and are deemed to be waived           
          by appellant [see 37 CFR § 1.192(a)].                                       
          The examiner’s rejection is set forth on pages 3-9 of the                   
          examiner’s answer.  With respect to independent claims 1 and 15,            
          appellant argues that Richter does not teach the step of causing            
          a first thread to hold a lock resource until another thread                 
          requires use of the resource.  According to appellant, in Richter           
          all threads release the lock after accessing the resource.                  
          Appellant also argues that even though the examiner took                    
          “Official Notice” that causing a thread to perform a desired                
          function was well-known in the art, this does not mean that                 
          causing a thread to perform a particular function as claimed was            
          also well-known in the art.  Appellant additionally argues that             
          Richter does not teach the step of causing a thread to request a            
          resource lock in response to detecting that another thread                  
          requires the resource.  Finally, appellant argues that the                  
          examiner’s position that his official notice is now admitted                











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