Ex parte BERTHE et al. - Page 6




                 Appeal No. 1997-1009                                                                                                                   
                 Application 08/033,731                                                                                                                 


                          EDDC process remains completely inactive.  [Col. 3,                                                                           
                          lines 31-38.]                                                                                                                 
                 The examiner's argument that the foregoing claim limitations                                                                           
                 are satisfied because "figure 5, for example teaches selecting                                                                         
                 causes for potential exceptions (see also Figure 6-9)" (Answer                                                                         
                 at 10) is unpersuasive, because none of these figures relate                                                                           
                 to identifying, during execution of the program code, the data                                                                         
                 in the data table which corresponds to the potential error                                                                             
                 currently of concern.  Consequently, we are not persuaded that                                                                         
                 Cobb, the only reference before us, discloses or suggests the                                                                          
                 "selecting" and "retrieving" steps of claim 1 or the                                                                                   
                 corresponding steps in claim 9, the only other independent                                                                             
                 claim.                                                                                                                                 
                          Nor are we persuaded that Cobb discloses or suggests                                                                          
                 claim 1's step of "describing in each subset . . . , in the                                                                            
                 course of the execution of the task, the data fields,                                                                                  
                 dynamically defined by means of a temporary memory allocation,                                                                         
                 which are relevant for the exception condition (Major Error)                                                                           
                 anticipated by the task."   The examiner contends this2                                                                                         
                 limitation is satisfied because "dynamic memory allocation is                                                                          

                          2No such limitation appears in claims 9-11.                                                                                   
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