Ex Parte Liu et al - Page 2

                  Appeal 2007-1599                                                                                         
                  Application 10/255,748                                                                                   



                                           STATEMENT OF THE CASE                                                           
                         Appellants have invented a method and system for analyzing portions                               
                  of a program that are inaccessible to the compiler to optimize the compiling                             
                  of the program (Figure 5; Specification 3 to 5).                                                         
                         Claim 1 is representative of the claims on appeal, and it reads as                                
                  follows:                                                                                                 
                         1. A method performed by a translator/optimizer, the method                                       
                  comprising:                                                                                              
                         analyzing the program to gather information regarding global                                      
                  variables used in the program including portions of the program to which a                               
                  compiler has no access;                                                                                  
                         providing the information gathered about the global variables to the                              
                  compiler that is to compile the program; and                                                             
                         compiling the program with the compiler in view of the gathered                                   
                  information so as optimize the program.                                                                  
                         The prior art relied upon by the Examiner in rejecting the claims on                              
                  appeal is:                                                                                               
                  Peyton   US 5,920,723   Jul. 6, 1999                                                                     
                  Kolodner   US 6,675,379 B1   Jan. 6, 2004                                                                
                                                                           (filed Jun. 30, 2000)                           
                         The Examiner rejected claims 1, 4, 7, 8, 11, 12, 15, 16, 18, and 27                               
                  under 35 U.S.C. § 102(b) based upon the teachings of Peyton.  The                                        
                  Examiner rejected claims 3 and 10 under 35 U.S.C. § 103(a) based upon the                                
                  teachings of Peyton.  The Examiner rejected claims 5, 6, 13, 17, 19 to 26,                               


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