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. 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007