Ex Parte GOVER et al - Page 7




          Appeal No. 1999-0288                                                        
          Application No. 08/538,071                                 Page 7           


          would be accessible by the elements of the monitoring system                
          (including software) because it would ensure that the specif[ic]            
          process, along with the events associated with the process, are             
          identified correctly, in order to enable the counters correctly             
          for performance monitoring of those events and processes."                  
               With respect to independent claim 8, the examiner asserts              
          (final rejection, page 5) that "Wibecan does not specifically               
          show a control register, rather control routines which control              
          the operation of the counters."  To overcome this deficiency in             
          Wibecan, the examiner turns to Brantley for a teaching of a                 
          register which controls the operation of the counting functions.            
          The examiner asserts (id.) that “[i]t would have been obvious to            
          one ordinary skill in the art to utilize a hardware based                   
          register to house the controlling indicators for the counting               
          operations performed by Wibecan’s counting functions, because it            
          would allow Wibecan’s system to have a hardware based performance           
          monitoring option, which would complement the software based                
          monitoring functions which operate in a similar manner.  This               
          would allow a user to control the counters using a control                  
          register, via setting bits in hardware register, rather than                
          doing so in a data structure in a software routine, which gives a           
          user versatility in controlling the monitoring session.”                    







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