Ex Parte O - Page 5




                 Appeal No. 2006-3352                                                                                                               
                 Application No. 09/682,520                                                                                                         

                          responsive to an evaluation of true, pushing a unique identifier into a predefined                                        
                 area of storage, wherein said unique identifier is associated with the instructions                                                
                 executed as a result of said evaluation of true.                                                                                   
                          Although a claim is read in the context of the supporting specification, during                                           
                 prosecution the claim terms are given the broadest reasonable interpretation, as                                                   
                 indicated in the above cited cases, and are to not be unduly limited by either the                                                 
                 specification or the appellant’s arguments in interpreting the terms of the claim under                                            
                 examination.                                                                                                                       
                          In the Examiner’s Answer, Examiner indicates his reading on the anticipatory                                              
                 reference Wisor, as follows:                                                                                                       
                                  -a method for tracing the execution path of a computer program                                                    
                                  comprising at least one module including a plurality of instructions  (“to                                        
                                  enable the user to trace the sequence of execution of instructions…”                                              
                                  [Wisor] col. 3 lines 1-2).                                                                                        
                                  - at least one of said instructions being a branch instruction, (“The stored                                      
                                  data identifies whether or not certain branches in the test program were                                          
                                  taken…” [Wisor] col. 4 lines 58-59).                                                                              
                                  - identifying each branch instruction; (“involves detecting the branch                                            
                                  instructions…”[Wisor] col. 6 lines 16-17)                                                                         
                                  - evaluating each branch instruction to be one of true and false, and                                             
                                  responsive to an evaluation of true, pushing a unique identifier into a                                           
                                  predefined area of storage, wherein said unique identifier is associated                                          
                                  with the instructions executed as a result of said evaluation of true.                                            
                                  (“…When a test program is executed, a trace record is generated and                                               
                                  stored in the BTHB (branch trace history buffer) …the bitmap entries are                                          
                                  generated for a series of conditional branches and contain individual bits                                        
                                  which represent the taken or not-taken status of the branches.” [Wisor]                                           
                                  col. 3 lines 11-21)  [Answer, page 4]                                                                             



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