Ex Parte MERKEY - Page 4




          Appeal No. 2001-2553                                                        
          Application No. 08/512,369                                                  


          this combination with regard to claims 61, 62, 66 and 68, and               
          further adding Anderson with regard to claim 63.  The examiner              
          offers either one of Belo or Baron, with Rudolph and Leung with             
          regard to claim 65 and either one of Belo or Baron, with Rudolph            
          and Cheng with regard to claims 67 and 69-73.  The examiner                 
          applies Squillante and Draves with regard to claim 74.                      
               Reference is made to the briefs and answer for the                     
          respective positions of appellant and the examiner.                         


                                       OPINION                                        


               In arguing certain claim limitations, appellant groups the             
          claims into four categories.  The first category, including                 
          claims 50, 51, 53 and 65, is identified as “sleep request claims”           
          since the claims in this group require identifying as a busiest             
          processor a processor which has received the smallest number of             
          sleep requests during a sampling period.  The second category,              
          including claims 52-55, 60-71 and 75, is identified as “minimum             
          count claims” since the claims in this group require identifying            
          as a busiest processor or identifying as a popular processor a              
          processor which has at least a predetermined number of eligible             
          threads.  The third category, including claim 74, is identified             

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