Ex Parte ROEDIGER et al - Page 5




              Appeal No. 2002-0270                                                                                      
              Application No. 09/099,584                                                                                

                     We also agree with appellants, for the reasons presented in the Brief and Reply                    
              Brief, that the rejection fails to show any description in Aho of determining whether a                   
              computation in the instruction may be hoisted out of the loop along with a computation                    
              in at least one other instruction in the lifetime of the at least one fixed processor                     
              resource according to at least one hoisting criterion, also required by instant claim 2.                  
                     Further, since the remainder of the independent claims recite similar limitations                  
              with respect to hoisting and fixed processor resources, we cannot sustain the section                     
              102 rejection of any of the claims on appeal.                                                             























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