Ex Parte 5694604 et al - Page 58


                Appeal 2007-2127                                                                                  
                Reexamination Control No. 90/006,621                                                              
                of the operating system.  Since the claims are all directed to "preemptive                        
                multithreading," "cooperative multithreading" is not relevant.                                    
                       It is argued that one skilled in the art would understand "[t]hat all                      
                major multithreading operating systems implement 'threads' that may                               
                voluntarily relinquish control of the CPU instead of being interrupted or                         
                preempted including IBM's OS/2 operating system, Microsoft's Windows                              
                NT, Windows 95, Windows 98, Windows 2000 and Windows XP, and Sun                                  
                Microsystems' Solaris and Java systems (Reiffin, ¶ 32)" (Br. 33).                                 
                       Again, these arguments are misleading.  The fact that a thread can                         
                voluntarily relinquish control if it finishes before the end of its timeslice, i.e.,              
                before it is interrupted, is irrelevant to the issue of whether a thread has to be                
                capable of being preempted if it is still executing at the end of its timeslice.                  
                "Preemptive multithreading" requires that all threads are interruptible when                      
                the timeslice expires.  To the extent Mr. Reiffin relies on "cooperative                          
                multithreading," such as Solaris, this is not what is claimed.                                    
                       For the reasons stated above, the argued portions of the Ligler and                        
                Reiffin declarations do not persuade us that threads in a "preemptive                             
                multithreading" system do not have to be interruptible.                                           

                                    c. More that one thread must be interrupted                                   
                       Patent Owner argues that "multithreading" only requires one thread to                      
                be interrupted (Br. 34-36).  It is argued that "multithreading" is defined in                     
                the '603 patent as follows ('603 patent, col. 1, lines 24-38):                                    
                              The term "multithreading" is used in this application in its                        
                       ordinary generally understood sense to mean the concurrent time-                           
                       sliced preemptive execution of a plurality of threads of instructions                      
                       located within the same single operator-selected application program,                      

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