Ex parte DONOVAN et al. - Page 13




          Appeal No. 97-2466                                        Page 13           
          Application No. 08/461,943                                                  


               Regarding the obviousness of claim 18, the appellants                  
          argue that the claim is “patentable for the same reasons set                
          forth above in connection with claim 1.”  (Appeal Br. at 21.)               
          As aforementioned regarding claims 1 and 11, we do not find                 
          these reasons persuasive.  In addition, the appellants make                 
          the following argument.                                                     
               [C]laim 18 is also patentable because the                              
               method  for converting a source program to an                          
               object code  is limited to the steps of                                
               identifying from  either compiler directive or                         
               syntax at a selected  point in said first                              
               intermediate representation  of the source                             
               program a possible asynchronous  activity,                             
               inserting a pseudo operation responsive  to                            
               identifying the possible asynchronous activity                         
               for a selected variable at the selected point                          
               in  said first intermediate representation of                          
               the  source program. (Id.)                                             

          In response, the examiner notes, “Cordy teaches identifying                 
          either compiler directive or syntax in the source program                   
          indicating said asynchronous activity can occur" (page 760,                 
          second paragraph) shows a 'bind var z to v' statement                       
          indicative to the compiler that an asynchronous activity or                 
          call to procedure P can occur.”  (Examiner’s Answer at 12.)                 










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