Appeal No. 2001,0712
Application 08/148,887
We also agree with Appellants that Chi does not
disclose the limitations of subparagraphs 3 and 4 of claim 11.
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 can 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.
The instruction sequence extraction means of claim
11 and the instruction set generating means of claim 21 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. Neither
Hitchcock nor Chi teaches the need or desire to evaluate the
actual instruction sequences associated with the variables to
be allocated. Hitchcock lacks 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 does not extract actual
instructions associated with a variable allocation, and does
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