Ex parte DONOVAN et al. - Page 14




          Appeal No. 97-2466                                        Page 14           
          Application No. 08/461,943                                                  


               Giving claim 18 its broadest reasonable interpretation,                
          we find that the claimed invention does not define over the                 
          references.  The claim specifies in pertinent part                          
          “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 said possible                  
          asynchronous activity for a selected variable at said selected              
          point in said first intermediate representation of the source               
          program ....”  In short, the claim  recites using a compiler                
          directive or syntax to identify a point of possible                         
          asynchronous activity in an intermediate representation of a                
          source program and inserting a pseudo operation at that point.              
          Because the claim employs a disjunctive connector, viz., “or,”              
          it reads on prior art that specifies a compiler directive or                
          syntax.  Prior art need not specify both a compiler directive               
          and syntax.                                                                 
                                                                                     
               As aforementioned regarding claims 1 and 11, Cordy                     
          discloses identifying the bind statement “bind (var x to a(i),              
          var y to a(j)),” and inserting the legality assertion “assert               







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