Appeal No. 2002-0270
Application No. 09/099,584
Claims 2-5 and 8-18 stand rejected under 35 U.S.C. § 102 as being anticipated
by Aho.
We refer to the Final Rejection (Paper No. 6) and the Examiner’s Answer (Paper
No. 12) for a statement of the examiner’s position and to the Brief (Paper No. 11) and
the Reply Brief (Paper No. 13) for appellants’ position with respect to the claims which
stand rejected.
OPINION
“Anticipation is established only when a single prior art reference discloses,
expressly or under principles of inherency, each and every element of a claimed
invention.” RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221
USPQ 385, 388 (Fed. Cir. 1984).
Instant claim 2 recites calculating a “lifetime” of at least one “fixed processor
resource” defined by an instruction within a loop in a computer program residing in
memory that is coupled to at least one processor. A “lifetime” is defined as a set of
instructions that operate with a program variable, either by defining or using the
variable. (Spec. at 6, ll. 10-15.) A “fixed processor resource” is defined as a
“bottleneck register,” synonymous with a “fixed processor register,” which may include
any fixed resource in the processor or available to the processor. Examples of “fixed
processor resources” are fixed registers in a processor’s register set. (See id. at 10, ll.
3-16.)
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