Ex Parte GOVER et al - Page 11




          Appeal No. 1999-0288                                                        
          Application No. 08/538,071                                Page 11           


          provide Wibecan with a hardware-based register as taught by                 
          Brantley because Wibecan teaches (col. 2, lines 31-34) that its             
          interface should be independent of the hardware and software of             
          the system.  Appellants argue (id.) that Wibecan uses data                  
          structures to define how the performance monitoring logic of the            
          system is utilized, and that to relocate the information supplied           
          by these data structures from memory to control registers,                  
          eliminates the system independence.  It is further argued (id.)             
          that there is nothing in Wibecan that teaches or suggests the use           
          of monitor mode control registers (MMCRs) and a machine state               
          register to perform performance monitoring based upon an                    
          effective address in a specific process.  As pointed out by                 
          appellants (id.) Brantley's suggestion to count the number of               
          times that a specific address is accessed is controlled by a                
          singe status register in the performance monitor chip.                      
               Further (brief, pages 14 and 15), because Brantley suggests            
          that the counting of the number of times an instruction occurs              
          may be achieved by a single status register, appellants fail to             
          see how the recited use of two control registers in conjunction             
          with the machine status register is taught or suggested by                  
          Brantley, and that even the combination of the single status                









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