Appeal 2007-1541
Application 10/334,695
ISSUES
There are two principal issues in the appeal before us.
The first issue is whether the Examiner erred in holding that Berry
teaches a plurality of privilege flags associated with a privilege level.
The second issue is whether the Examiner erred in holding that Berry
may properly be combined with Doi to arrive at the claimed invention.
FINDINGS OF FACT
The following Findings of Fact (FF) are shown by a preponderance of
the evidence.
The Invention
1. Appellants invented a method and system for selectively
permitting branch trace store data to be logged according to the privilege
level at which the execution is occurring (Specification 1).
2. In accordance with one embodiment, a privilege level is
received by firmware and/or software, identifying an execution mode of a
processor, such as a supervisory mode, a user mode, and others
(Specification 4).
3. Once the processor’s firmware and/or software has received
identification of a user application, a privilege level, and an address or
pointer to a buffer, affected privilege flags associated with the privilege level
are identified. These flags are used to identify when the processor should
write branch trace store data to the buffer identified (Specification 4-5).
representative independent claim. See In re Young, 927 F.2d 588, 590, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991). See also 37 C.F.R. § 41.37(c)(1)(vii).
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