Ex Parte ONODERA et al - Page 2



         Appeal No. 2004-2187                                                       
         Application No. 09/378,549                                                 

              of lock into a storage area corresponding to said object, in          
              a state where a plurality of threads exist, said method               
              comprising the steps of:                                              
                   if a first thread attempts to acquire a lock of an               
              object that has been acquired by a second thread,                     
              determining whether said bit representing the type of the             
              lock of said object represents said first type of lock; and           
                   if said bit represents said first type of lock, setting          
              a contention bit.                                                     
                                   THE REFERENCE                                    
         Bacon                       6,247,025              Jun. 12, 2001           
         (filed Sep. 22, 1997)                                                      
                                   THE REJECTION                                    
              Claims 1-14 stand rejected under 35 U.S.C. § 102(e) as being          
         anticipated by Bacon.                                                      
                                      OPINION                                       
              We reverse the aforementioned rejection.  We need to address          
         only the independent claims, i.e., claims 1, 6, 9, 10 and 12-14.           
              Claims 1, 6, 9 and 12-14 require storing a bit representing           
         a type of a lock that locks an object, and claim 10 requires a             
         type identifier associated with a lock that locks an object.               
              The examiner argues (answer, page 6):                                 
              The “Bacon bit” as is used in Bacon is held at “0" when               
              an object [sic, a thread] has an exclusive lock on an                 
              object and [the lock] does not have any threads (tasks                
              of an operating system) waiting to gain the lock on the               
              object.  The “Bacon bit” is “inflated” (i.e.[,] changed               
              from “0" to “1") when a thread tries to obtain a lock                 
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