Ex parte TOMINAGA et al. - Page 16




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


                 registers. Chi reference also meets limitations of the claims                                                                         
                 in particular with respect to the execution costs."                                                                                   
                                   In regard to Appellants' argument that hardware data                                                                
                 flow elements and software variables are not analogous,                                                                               
                 especially in terms of computing cost, the Examiner asserts                                                                           
                 that it is unclear whether Appellants consider data flow                                                                              
                 elements a hardware item, and that Hitchcock shows allocating                                                                         
                 variables to registers.  The Examiner also notes that Chi is                                                                          
                 all about allocation of variables of a program to registers.                                                                          
                                   In addressing Appellants' contention that Hitchcock                                                                 
                 does not disclose allocating variables to registers in the                                                                            
                 same fashion as the invention, the Examiner points to                                                                                 
                 Hitchcock's teaching  of finding all possible bindings, and15                                                                                                
                 the cost calculations.                                                                                                                
                                   As regards Appellants' arguments directed to                                                                        
                 considering only read/write costs versus instruction sequence                                                                         
                 processing the Examiner asserts  that the "reversal    16                                                                             
                 phenomenon" does not exist and/or is not applicable here.                                                                             


                          15Page 485.                                                                                                                  
                          16Answer, page 8.                                                                                                            
                                                                          16                                                                           





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