Ex Parte Jacobson - Page 5




                 Appeal No. 2006-1332                                                                                  Page 5                     
                 Application No. 09/548,687                                                                                                       



                 parte Kaysen, No. 2003- 0553, 2004 WL 1697755, at *2 (Bd.Pat.App & Int. 2004).  The                                              
                 examiner makes the following findings.                                                                                           
                         Blount . . . teaches the first processor [owner (access coordinator) of the                                              
                         page requested] receiving a request of a page determines locations of the                                                
                         page requested.  The first processor by checking Virtual Shared Memory                                                   
                         Table (VSMT) checks that the first processor [unit 1OA] has the page on                                                  
                         its disk and other processor [unit 1OB] also has a copy of the page in its                                               
                         main memory; even though the first processor has the page on its disk,                                                   
                         the first processor identifies the first processor is not an appropriate                                                 
                         processor because of a relatively long disk I/O operation to retrieve the                                                
                         page from its disk; then, the first processor identifies the other                                                       
                         processor [unit 10B] having a copy of the page is the appropriate                                                        
                         processor to process the request [see col. 6, lines 43-47, col. 9, line 61-                                              
                         col. 10, line 36].  The first processor checks that if the first processor only                                          
                         has the page, the first processor is the appropriate processor to process                                                
                         the request [see col. 6, lines 6-13].                                                                                    
                 (Examiner's Answer at 9-10.)  The appellant argues, "The process described in the                                                
                 Examiner's Answer selects among multiple processors, all of which are capable of                                                 
                 handling the request.  Thus, there is no 'appropriate' processor as used in claim 1."                                            
                 (Reply Br. at 3.)                                                                                                                


                         In addressing the point of contention, the Board conducts a two-step analysis.                                           
                 First, we construe the representative claim at issue to determine its scope.  Second, we                                         
                 determine whether the construed claim is anticipated.                                                                            











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