Appeal No. 1997-2658
Application No. 08/478,974
of identification of critical regions of program code through
program execution by O’Hair, the primary reference relied on
by the Examiner for this feature. After reviewing the O’Hair
reference in light of the arguments of record, we are in
agreement with Appellants’ interpretation of the operation of
O’Hair. As asserted by Appellants (Brief, pages 6 and 7),
particular program regions to be displayed and examined in
O’Hair are selected by a user. Notwithstanding the differing
interpretations of the term “critical” by Appellants and the
Examiner, we find no disclosure of the identification of
regions to be displayed, “critical” or otherwise, in O’Hair,
or in Spix, by execution of a program.
We have also reviewed the disclosure of Van Dyke which
was applied to the combination of O’Hair and Spix to address
the data type optimization features of several of the
dependent claims. We find nothing in the disclosure of Van
Dyke which would overcome the innate deficiencies of O’Hair
and Spix.
We note that the feature of identifying critical regions
through program execution discussed supra is present, although
in different forms, in each of appealed independent claims 2,
8
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