Ex parte ABE et al. - Page 9




          Appeal No. 1997-2212                                       Page 9           
          Application No. 08/233,387                                                  


          architecture-dependent.  “As shown in FIG. 1, an application                
          program 10, written in source code,” col. 5, ll. 43-44, is the              
          higher-level source code.  “As [also] shown in FIG. 1, the                  
          application program 10 can be migrated to the Y executable                  
          code 22 in either an indirect path 24 or a direct path 26.”                 
          Col. 6, ll. 1-3.  The examiner has not shown that either of                 
          these techniques teaches or would have suggested decompiling                
          executable machine code into higher-level source code that is               
          architecture-independent.                                                   


               Direct migration comprises compiling and linking the                   
          higher-level source code “with the use of a Y compiler 28 and               
          a Y linker 30.”  Id. at ll. 4-5.  The compiling and linking                 
          produce a “resultant Y executable code ... designated by the                
          reference numeral 22B.”  Id. at ll. 5-6.  The Y executable                  
          machine code is architecture-dependent.  Specifically, the                  
          executable machine code “employ[s] a Y instruction set to                   
          which the hardware architecture of the Y computer system 20 is              
          adapted.”  Col. 5, ll. 53-55.  “[A]s specifically indicated                 
          for illustrative purposes in FIG. 1, ... the Y system can                   
          employ a reduced instruction set architecture called the RISC               







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