Ex parte DONOVAN et al. - Page 8




          Appeal No. 97-2466                                         Page 8           
          Application No. 08/461,943                                                  


          create a boundary that is visible to the compiler during                    
          compilation around the declared variables (page 760 of                      
          Cordy).” (Examiner’s Answer at 11.)                                         


               During patent examination, pending claims must be given                
          their broadest reasonable interpretation.  Limitations from                 
          the specification are not to be read into the claims.  In re                
          Van Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed.                  
          Cir. 1993); In re Prater, 415 F.2d 1393, 1404, 162 USPQ 541,                
          550 (CCPA 1969).                                                            


               Giving claims 1 and 11 their broadest reasonable                       
          interpretation, we find that claimed invention does not define              
          over the references.  Claim 1 specifies in pertinent part                   
          “inserting a pseudo operation in said first intermediate                    
          representation representing a predetermined event ....” and                 
          “processing sequential operations of said first intermediate                
          representation including said inserted pseudo operation and                 
          defining an internal data structure of the source program                   
          including a corresponding visibility boundary for said                      
          inserted pseudo operation in said first intermediate                        







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