Ex Parte WILHELM - Page 10




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


                                                  CLAIM 4                                                     
                   Appellant argues that independent claim 4 recites that a thread is awakened as             
            granted access to a resource in fair order.  (Brief at page 17.)  While appellant recites         
            “fair order” in independent claim 4, we find no express definition of that limitation that        
            would require this to be in a FIFO order as with independent claim 2 and as discussed             
            above, we find that “fair” may have differing interpretation for different systems.               
            Therefore, this argument is not persuasive, and we will sustain the rejection of                  
            independent claim 4 and claims 5-7 which appellant has elected to group therewith.                
                                               CONCLUSION                                                     
                   To summarize, the decision of the examiner to reject claims 1 and 3-7 under                
            35 U.S.C. § 103 is affirmed, and the decision of the examiner to reject claim 2 under             
            35 U.S.C. § 103 is reversed.                                                                      















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