Ex parte IWASAWA et al. - Page 9




          Appeal No. 1997-1212                                                        
          Application 08/017,839                                                      

          stated deciding" (FR4).  Claim 6 recites "said step of                      
          sequentially executing in accordance with a program                         
          statement for outputting said information when it is not                    
          possible to decide whether said program portion is                          
          parallelizable," whereas claim 5 recites "sequentially                      
          executing . . . upon a determination in the step of deciding                
          that said program portion is parallelizable" (emphasis                      
          added).  Actually, it appears that the problem lies in                      
          claim 5 rather than claim 6.                                                
               Claim 5 recites "sequentially executing said source                    
          program to generate an execution output, upon a                             
          determination in the step of deciding that said program                     
          portion is parallelizable" (emphasis added) and then                        
          "deciding . . . whether said program portion is                             
          parallelizable in accordance with the execution output."                    
          This is misdescriptive, since it recites deciding whether                   
          the program portion is parallelizable after determining that                
          it is parallelizable.  The executing step should take place                 
          when it is not possible to decide whether the program                       
          portion is parallelizable as stated in originally filed                     
          claim 5; see also specification, page 7, line 10, to page 8,                

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