Appeal No. 2001,0712
Application 08/148,887
Regarding Appellants' contention that neither
reference discloses the claimed instruction sequence holding
means of claim 11 or the holding means of claim 16, the
Examiner asserts that it is well known that assembly language17
programs have all the data which will actually be allocated to
registers/memory, and that the cited references clearly
illustrate this fact.
Finally, as regards the limitations in the dependent
claims, the Examiner applies teachings of Chi or Hitchcock to
each limitation.
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
Turning first to Appellants' claim 11, we note that
the second subparagraph of this claim recites, "allocation
pattern generation means for generating allocation patterns,
each allocation pattern defining a different allocation of the
variables to the resources". Upon a careful review of
17Answer, page 9.
17
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