Appeal No. 97-2466 Page 6
Application No. 08/461,943
on the cold words of the literature."). Of course, every
patent application and reference relies on the knowledge of
persons skilled in the art to complement that which is
disclosed therein. In re Bode, 550 F.2d 656, 660, 193 USPQ
12, 16 (CCPA 1977). Persons skilled in the art, moreover,
must be presumed to know something about the art apart from
what the references disclose. In re Jacoby, 309 F.2d 513,
516, 135 USPQ 317, 319 (CCPA 1962). With this in mind, we
address the obviousness of claims 1, 8, 9, 11, 12, 17, and 18
and the obviousness of claims 2, 4-7, and 13-16 seriatim.
Obviousness of Claims 1, 8, 9, 11, 12, 17, and 18
Regarding the obviousness of claim 1, the appellants make
two arguments. We address these one-by-one. First, the
appellants argue, “[t]he legality assertion of Cordy, is
detectable as run time error, and does not add information to
the internal data structure of the program.” (Appeal Br. at
15.) They also make essentially the same argument for claim
11. (Id. at 17-19.) In response, the examiner asserts,
“[t]he internal data structure of the source program including
a corresponding visibility boundary is taught by Cordy where.
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