Ex Parte MERKEY - Page 8




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


          § 103 in view of Rudolph and Anderson, while independent claim 60           
          stands rejected under 35 U.S.C. § 103 over either one of Belo or            
          Baron in view of Rudolph.                                                   
               It is the examiner’s position, with regard to claims 52 and            
          75, that Rudolph shows associating an unlocked queue of threads,            
          selecting movable threads, and identifying a busiest popular                
          processor, a popular processor being one that has an unlocked               
          local queue containing at least a predetermined number of                   
          eligible threads, but does not specifically recite “threads.”               
          The examiner turns to Anderson for a teaching of threads as a               
          unit of scheduling, at page 1631, right column, first paragraph,            
          and concludes that it would have been obvious to place the                  
          threads in the queues for the reasons set forth in Anderson, at             
          pages 1631-1632.                                                            
               With regard to claim 60, the examiner contends that Belo or            
          Baron shows processors being assigned to exactly one processor              
          set, a shared memory, a bus connecting the processors with the              
          shared memory and an unlocked local queue of threads associated             
          with each of the processors.  The examiner contends that Rudolph            
          shows a global dispatch of threads not presently associated with            
          any of the processors, means for selecting movable threads from             
          the unlocked local queues, etc. and concludes that it would have            

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