Appeal No. 96-1588 Application 08/036,947 b) generating a plurality of unassigned schedule slots based on said schedule size, the number of unassigned schedule slots generated being a function of said schedule size; c) selecting an instruction of said basic block using a plurality of priority functions, said priority functions distinguishing squeezed instructions from non-squeezed instructions of said basic block, and factoring said distinction into their priority evaluations, said squeezed instructions being instructions that cannot be issued in parallel whereas said non- squeezed instructions are instructions that can be issued in parallel; d) assigning said selected instruction to one of said unassigned schedule slots without violating resource constraints of said target machine and precedence constraints of said[2] instructions of said basic block; e) repeating said steps c) through d) until all instructions of said basic block have been scheduled. All of the appealed claims stand rejected under 35 U.S.C. § 102 as unpatentable for obviousness over the following reference: Rasbold et al. (Rasbold) 5,202,975 April 13, 1993 Because appellant treats all of the appealed claims as standing or falling together (Brief at 4), we will address only claim 1. Rasbold discloses a software compiler which rearranges the order of a basic block of instructions in order to reduce the 2We are construing "said target machine" as a reference to the "targeted computer" recited in the preamble. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007