Ex parte TOMINAGA et al. - Page 13




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


          They point out that in Chi the total of the read/write costs                
          of each variable is used as a basis to assign variables to                  
          register locations, and only considering read/write costs may               
          have a detrimental effect on overall execution speed if the                 
          operations to be performed are not considered. Thus, there is               
          no teaching that the actual instruction sequences associated                
          with the variables should be considered.  Appellants assert                 
          that the claimed system overcomes this problem.                             
                    As to the instruction sequence extraction means of                
          claim 11 and the instruction set generating means of claim 21,              
          Appellants aver that they are not disclosed by the cited                    
          references, and cannot, as the Examiner contends, be inferred               
          as necessary in order to determine the instruction sequence                 
          for computing cost.  Appellants note that neither reference                 
          teaches the need or desire to evaluate the actual instruction               
          sequences associated with the variables to be allocated.                    
          Hitchcock is noted to lack any reference to extracting the                  
          actual instruction sequences associated with a particular                   
          variable allocation in order to determine the cost of the                   
          overall computer program. Chi is noted not to extract actual                
          instructions associated with a variable allocation, and not to              
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