Ex Parte McKenney et al - Page 9

                  Appeal 2007-1600                                                                                         
                  Application 09/753,062                                                                                   

                  races between processors. We therefore reverse the rejection of claims 11,                               
                  20 and 30 under 35 U.S.C. § 102.6                                                                        
                         With respect to claims 12, 21 and 31, Appellants argue that there is no                           
                  teaching of maintaining a handoff flag for a group of processors to grant the                            
                  lock to a processor requesting an unconditional lock from a processor                                    
                  requesting a conditional lock (Br. 10). We agree with Appellants. Kermani                                
                  teaches that super agent A may have access to the shared synchronous                                     
                  memory whenever desired (FF 9), but does not teach or suggest                                            
                  unconditional or conditional locks, or the handoff of locks from one                                     
                  processor to another. Accordingly, we reverse the rejection of claims 12, 21                             
                  and 31 under 35 U.S.C. § 102.7                                                                           
                                              CONCLUSION OF LAW                                                            
                         We conclude that Appellants have not shown the Examiner erred in                                  
                  rejecting claims 1-10, 13-19 and 22-29. Claims 1-10, 13-19, and 22-29 are                                
                  not patentable. We conclude that Appellants have shown the Examiner erred                                
                  in rejecting claims 11, 12, 20, 21, 30, and 31.  On the record before us,                                
                  claims 11, 12, 20, 21, 30, and 31 have not been shown to be unpatentable.                                

                                                      DECISION                                                             
                         The Examiner’s rejection of claims 1-10, 13-19, and 22-29 is                                      
                  affirmed. The Examiner’s rejection of claims 11, 12, 20, 21, 30, and 31 is                               
                  reversed.                                                                                                

                                                                                                                          
                  6 We note the absence of a rejection of claims 11, 20, and 30 under 35                                   
                  U.S.C. § 103.                                                                                            
                  7 We note the absence of a rejection of claims 12, 21, and 31 under 35 U.S.C.                            
                  § 103.                                                                                                   
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