Ex Parte GOVER et al - Page 13




          Appeal No. 1999-0288                                                        
          Application No. 08/538,071                                Page 13           


               It is lastly asserted (reply brief, page 4) that                       
               [T]he "status register" of Brantley is identified                      
               as part of the performance monitor chip (see page 195),                
               which is shown as a separate element from the processor                
               prototype and thus does not teach or suggest the use                   
               of a machine state register . . .. So, again, even                     
               the combination of Brantley with Wibecan does not                      
               teach, show, or suggest Appellant's recited system                     
               and utilization of a machine state register in                         
               performance monitoring, including to identify a                        
               selected event/specific address within a specific                      
               process.                                                               
               The examiner responds (answer, pages 4 and 5) that with                
          respect to allowing Wibecan's system to utilize a register to aid           
          in control functions, that allowing a register to store this bit            
          would not be detrimental to Wibecan's system because it is                  
          suggested by Wibecan's disclosure that the Processor-Memory                 
          Element (PME) is utilized to control the monitored process, and             
          that allowing this bit to be located in a register would have               
          been an obvious implementation of well known techniques already             
          practiced in the art, as shown by Brantley.  With respect to                
          appellants' argument that Wibecan, Brantley and Gover do not show           
          the use of MMCRs or machine status registers to perform                     
          performance monitoring based upon an effective address in a                 
          specific process, the examiner takes the position (answer, page             
          6) that appellants' claims seem to lack this limitation as well.            









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