Ex Parte BOLAND - Page 6



         Appeal No. 2004-2175                                                       
         Application 09/086,627                                                     

         some of its resources and move to a lower run level" as discussed          
         at lines 22 and 23.  Thus, appellant's assertion at the middle of          
         page 9 of the principal brief that Culbert does not teach                  
         forcibly taking resources away from the second group of tasks              
         even if they are a priority lower than that the first task is not          
         well received.  It is further noted that corresponding teachings           
         exists at column 9, lines 27 and 28 and at column 11, lines 11             
         and 12 that "Tasks with lower priority will always be degraded as          
         much as possible before any high priority task."  In the context           
         of the promotability of tasks in Figure 5, a corresponding                 
         complementary teaching exists at column 12, lines 36-37.                   
         Finally, we find equally compelling the teaching at column 11,             
         lines 5-6 that a "task can respond that it can not be changed and          
         can not give up any resources."                                            
              Thus, it is clear to us that the teaching value of Culbert            
         at least may be fairly stated to ensure that a high priority               
         process is guaranteed sufficient network resources irrespective            
         of any effect on lower priority tasks which will be degraded as            
         much as possible before any high priority task.                            




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