Ex parte BUZBEE et al. - Page 7




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


               during runtime, as claimed.  The examiner’s further reference to the “runtime checking                                    
               operations for library functions [col. 7 lines 41-42]” of Crank, adds nothing to the deficiency                           
               of Sites regarding a showing of a first block of code within a shared library which is                                    
               dynamically translated during runtime of a first application.                                                             
                       Because an important claim limitation has not been convincingly shown by the                                      
               examiner to have been taught or suggested by the applied references [we do not find the                                   
               Hewlett Packard reference, cited for a teaching of breakpoints, to provide for the                                        
               deficiencies of Sites and Crank], we hold that the examiner has not established a prima                                   
               facie case of obviousness with regard to the instant claimed subject matter.                                              
                       The examiner’s decision rejecting claims 1-14 under 35 U.S.C. § 103 is reversed.                                  
                                                            REVERSED                                                                     




                               JAMES D. THOMAS                         )                                                                 
                               Administrative Patent Judge             )                                                                 
                                                                      )                                                                 
                                                                      )                                                                 
                                                                      )   BOARD OF PATENT                                               
                               ERROL A. KRASS                          )     APPEALS AND                                                 
                               Administrative Patent Judge             )    INTERFERENCES                                                
                                                                      )                                                                 
                                                                      )                                                                 
                                                                      )                                                                 
                               LEE BARRETT                             )                                                                 
                               Administrative Patent Judge             )                                                                 

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