Ex Parte WILHELM - Page 2




            Appeal No. 2003-1030                                                                              
            Application No. 08/820,181                                                                        


                                               BACKGROUND                                                     
                   Appellant's invention relates to a stationary queue for scarce resource                    
            management.  An understanding of the invention can be derived from a reading of                   
            exemplary claim 1, which is reproduced below.                                                     
                   1. A multi-tasking operating system for managing simultaneous access to                    
                   scarce or serially re-usable resources by multiple process threads,                        
                   comprising:                                                                                
                   at least one resource;                                                                     
                   a plurality of threads requesting access to said resource; and                             
                   a stationary queue for allocating access to said resource amongst said                     
                   threads one-by-one in order of request.                                                    

                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Davidson et al. (Davidson)             5,630,136           May 13, 1997                           
            Periwal et al. (Periwal)               5,644,768                 Jul.  1, 1997                    

                   Claims 1-7 stand rejected under 35 U.S.C. § 103 as being unpatentable over                 
            Davidson in view of Periwal.                                                                      
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            appellant regarding the above-noted rejections, we make reference to the examiner's               
            answer (Paper No. 11, mailed Jan. 2, 2002) for the examiner's reasoning in support of             



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