Ex Parte LE - Page 2




                  Appeal No. 2001-0682                                                                                                                    
                  Application No. 09/003,572                                                                                                              


                  executes the original code section in a line-by-line manner until the section is branched out of or                                     
                  completed.                                                                                                                              
                           Claim 1 is illustrative of the invention and reads as follows:                                                                 
                  1.  A method for dynamically translating instructions in original code written for a first architecture                                 
                  into native code for a second architecture, the method comprising the steps of:                                                         
                           analyzing a section of the original code;                                                                                      
                           designating at least one checkpoint in the section;                                                                            
                           translating the instructions into native code instructions; and                                                                
                           reordering, speculatively, placement of at least one native code instruction.                                                  
                           The Examiner relies on the following prior art:1                                                                               
                  Robinson                                              5,432,795                  Jul.  11, 1995                                         
                  Sites                                                 5,507,030                  Apr. 09, 1996                                          
                           Claims 1-3, 6, 9-19, 21, 24-29, 32, 35-45, 47, and 50-52 stand finally rejected under                                          
                  35 U.S.C. § 102(b) as being anticipated by Sites.  Claims 4, 5, 7, 8, 20, 22, 23, 30, 31, 33, 34, 46,                                   
                  48, and 49 stand finally rejected under 35 U.S.C. § 103(a) as being unpatentable over Sites in view                                     
                  of Robinson.                                                                                                                            
                           Rather than reiterate the arguments of Appellant and the Examiner, reference is made to the                                    
                  Brief (Paper No. 8) and Answer (Paper No. 9) for the respective details.                                                                


                           1 Although a total of 9 references are listed in the “Prior Art of Record” section of the Examiner’s Answer,                   
                  only the Robinson (5,432,795) and Sites (5,507,030) patents are applied as references in the rejections of the claims                   
                  on appeal.                                                                                                                              
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