Ex Parte ONODERA et al - Page 3



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

              on an object and is unable to because it is already                   
              locked by another thread currently using the object.                  
              The first thread (attempting to obtain the lock) is                   
              then enqueued on the object (i.e.[,] the thread will                  
              wait or suspends itself until the second thread                       
              releases the lock on the object).  Also, any other                    
              thread which attempts to lock the object will be                      
              enqueued on the object such that the first thread will                
              gain access to the object before any other thread.                    
              This is well known in the art and is known as a “queue                
              lock”.  Therefore, the Bacon patent teaches indicating                
              the type of lock on an object (either an exclusive with               
              no waiting threads, or a queue lock).                                 
         Thus, the examiner is of the view that a change in the Bacon bit           
         indicates a change in the type of lock from an “exclusive with no          
         waiting threads” to a queue lock and that, therefore, the Bacon            
         bit indicates the type of lock.                                            
              The Bacon bit only indicates whether threads are waiting to           
         lock an object (e.g., the Bacon bit is 0 if there are no waiting           
         threads and 1 if there is a queue of waiting threads associated            
         with the object) (col. 3, lines 44-51; col. 5, lines 12-15                 
         and 56-65).  The examiner has not provided evidence that a lock            
         which has no waiting threads reasonably can be considered to               
         become a different type of lock when it has waiting threads, and           
         vice versa.  Hence, the examiner has not established that the              
         Bacon bit represents or identifies the type of lock.                       



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