Ex parte TOMINAGA et al. - Page 11




                 Appeal No. 2001,0712                                                                                                                   
                 Application 08/148,887                                                                                                                 


                 scheme for allocating variables to registers and memory, and                                                                           
                 this scheme is based on a machine state level model (MSL).                                                                             
                 This model is directed to optimizing register storage based on                                                                         
                 analyzing read and write operations for register and memory                                                                            
                 locations.                                                                                                                             
                                   It is then pointed out by Appellants that neither                                                                    
                 reference teaches or suggests the desirability of using the                                                                            
                 teachings of the other to produce Appellants' invention, and                                                                           
                 that Hitchcock is not directed to developing a resource                                                                                
                 allocation device for a compiler, but for an automated                                                                                 
                 hardware design tool. Furthermore, there is no teaching                                                                                
                 concerning the need or desirability of extracting instruction                                                                          
                 sequences to determine an optimized compiler output.                                                                                   
                                   Finally in this regard, Appellants contend that the                                                                  
                 reasons to combine as set forth by the Examiner  are not                            8                                                  
                 directed to the combination of references supporting the                                                                               
                 rejection, and fails to consider the effects that the actual                                                                           
                 instruction sequences have on performance.                                                                                             



                          8Final rejection, page 3, last three lines through page 4,                                                                    
                 lines 1-5.                                                                                                                             
                                                                          11                                                                            





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