Ex Parte BOLAND - Page 10



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

         of the three classes of tasks at column 8, lines 19-23, as                 
         reproduced earlier in this opinion relating to error intolerant,           
         error-tolerant realtime and non-realtime tasks, is not further             
         developed in Culbert.  Although we agree with the examiner's               
         view that Culbert teaches that guaranteed minimum resources                
         irrespective of any other tasks that may request resources is              
         reasonably taught and suggested in Culbert to the extent we have           
         indicated earlier in this opinion as applicable to representative          
         claim 1 on appeal, the reference falls far short of suggesting             
         that this occurs "irrespective of an amount of computer resources          
         necessary for the second process to run on the computer network"           
         as set forth at the end of claim 14 on appeal and in essence in            
         independent claim 16 as well.                                              
              In summary, we have affirmed the rejection of claims 1-5, 7,          
         9-13 and 15 but have reversed the rejection of claims 14 and 16.           
         Therefore, the decision of the examiner is affirmed-in-part.               








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