Ex parte HEISCH - Page 3




          Appeal No. 97-2525                                                           
          Application 08/291,370                                                       

                               The Rejection on Appeal                                 
               Claims 20, 23-25, 28-30, and 33-34 stand finally rejected               
          under 35 U.S.C. § 103 as being unpatentable over Pettis and                  
          Levine.                                                                      
                                    The Invention                                      
               The invention is directed to a method and apparatus for                 
          reordering the instructions within an executable file to                     
          optimize execution thereof by a data processing system.  The                 
          independent claims are claims 20, 25 and 30.  Claim 30 is                    
          directed to a computer program product including a computer                  
          usable medium containing computer readable program code means                
          for reordering instructions within an executable file.  The                  
          independent claims are reproduced below:                                     
               20.  A method of reordering the instructions                            
               within an executable file to optimize execution                         
               thereof by a data processing system, said method                        
               comprising the steps of:                                                
               recording, during execution of said                                     
               instructions, trace information including address                       
               information;                                                            
               selecting a subset of said instructions which                           
               are indicated by said trace information as being                        
               executed frequently;                                                    
               moving each of said selected instructions from                          
               their original physical location to a new physical                      
               location at the end of the executable file; and                         
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