Ex Parte ALEXANDER III et al - Page 2




             Appeal No. 2003-0954                                                                              
             Application No. 09/306,190                                                                        

             determined that the interpretation of a method meets certain criteria that indicate a hot spot, then
             the interpretation is halted.  A new method is then constructed, compiled, and invoked in such a  
             manner that the newly constructed method recreates the execution state of the halted method.      
             (specification, page 5)  The compiled method executes at a faster speed than the interpreted      
             method. (specification, page 38, lines 25-27)                                                     
                   Claim 1 is representative of the claimed invention and is reproduced as follows:            
                   1. A process for executing a method, the process comprising the computer-implemented        
             steps of:                                                                                         
                      during execution of an interpreted method, determining to compile the interpreted        
             method;                                                                                           
                   constructing a second method;                                                               
                   compiling the second method; and                                                            
                   invoking the second method so that an execution state of the interpreted method is          
             recreated.                                                                                        

                                                  References                                                   
                   The reference relied on by the Examiner is as follows:                                      
             White Paper, “The Java Hotspot TM Performance Engine Architecture”, Sun Microsystems, Inc.,       
             April 1999. (Hereinafter referred to as the White Paper)                                          

                                              Rejections At Issue                                              
                   Claims 1-3, 7-9, 11-14, 18-20, and 22-24 stand rejected under 35 U.S.C. § 102 as being      
             anticipated by the White Paper.                                                                   


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