Ex parte BUZBEE et al. - Page 5




                Appeal No. 1998-1518                                                                                                     
                Application No. 08/606,113                                                                                               


                source code editor, a compiler, a linker, a debugger and a library.  The examiner then                                   
                concludes that it would have been obvious to modify Sites to employ the debugging                                        
                capability of Crank for providing runtime checking of a compiled program to detect errors                                
                during program runtime.  According to the examiner, the skilled artisan would have been                                  
                led “to use this debugging capability to detect and correct error within the specified source                            
                code or block of code or translated code in order to save time and process” [answer-page                                 
                6].                                                                                                                      
                        For their part, appellants argue that neither Sites nor Crank discloses or suggests                              
                any use of dynamic translation (translation at runtime) for any purpose.  Appellants contend                             
                that Sites performs all translations at compile time, not at run time, and that Crank’s C                                
                source code is compiled and linked all before execution time.                                                            
                        Appellants further argue that because debugging information in the instant invention                             
                is inserted during dynamic retranslation at run time, it is possible to limit the placement of                           
                debugging code only into blocks of code within a shared library that is actually called by the                           
                first application.  Sites discloses no modification to code within a shared library and Crank                            
                provides for a user to specify restrictions for arguments to individual functions in a library                           
                but there is no disclosure, in Crank, of the use of a dynamic translation to insert debugging                            
                code within code from a shared library.                                                                                  
                       Since Sites discloses discovering information about the location of untranslated                                  


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