Ex Parte GONGWER et al - Page 5




                 Appeal No. 2002-2168                                                                                  Page 5                     
                 Application No. 08/961,743                                                                                                       


                         Here, the specification discloses that the appellants' "context management                                               
                 system allows many threadable, session contexts to share a lesser number of real                                                 
                 operating system threads, maintained as a thread pool within the server process."                                                
                 (Spec. at 3.)  "In particular, clients 8A, 8B, 8C interact with the server 1 using a free-                                       
                 pool, threaded communications mechanism. . . ."  (Id. at 14.)  According to the                                                  
                 mechanism, "software items 28 listen for client transactions and hand over a client                                              
                 identifier to any of thead in their thread-pool."  (Id.)  When such a transaction ends, its                                      
                 associated "thread is then returned to the thread-pool by the communication                                                      
                 mechanism."  (Id. at 15.)  In light of this disclosure, we conclude that one skilled in the                                      
                 art would understand that a free-thread pool is a waiting area for threads that are                                              
                 available for use.                                                                                                               


                         Second, the examiner asserts, "[c]laims 40-42, 54, 65, and 76 recite the claim                                           
                 limitation 'pre-instantiated' in combination with the claim limitation 'free-thread pool'                                        
                 which is not clearly defined in the Appellants' (Applicants') Specification. . . ."                                              
                 (Examiner's Answer at 4.)  The appellants argue, "[a] pre-instantiated thread is a pre-                                          
                 allocated or concrete instance of a thread."  (Appeal Br. at 20.)                                                                


                         "The general rule is, of course, that terms in the claim are to be given their                                           
                 ordinary and accustomed meaning."  Johnson Worldwide Assocs., Inc. v. Zebco Corp.,                                               








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