Ex parte IWASAWA et al. - Page 15




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

          regarding parallelization is accomplished by the data                       
          processing device, but might be directed to simply                          
          displaying data rather than performing the decision.  The                   
          Examiner responds that he "was only pointing out that 'via                  
          the data processing device' does not mean that the user has                 
          made a decision (nor does it mean that the data processing                  
          system made a decision" (EA9).  As discussed in connection                  
          with the rejection under 35 U.S.C.  112, second paragraph,                 
          we interpret "via the data processing device" to require                    
          that the data processing system performs the step of                        
          "deciding."  Nevertheless, any error in the Examiner's                      
          position does not affect the patentability rejection.  Padua                
          does not end its operation when it displays a reason why                    
          parallelization may not be accomplished as argued by                        
          Appellants (Br11).  The compiler in Padua (running on a data                
          processing device) determines whether the program is                        
          parallelizable with the user-input information entered in                   
          response to the reasons.  It would not make sense for the                   
          compiler to gather information and then not use it.  The                    
          step of "deciding, via the data processing device" includes                 
          the user in Padua re-running the compiler to have the                       

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