Ex parte BITTNER et al. - Page 4




          Appeal No. 1998-3398                                                        
          Application No. 08/634,515                                                  


          review, we will reverse the obviousness rejections of claims 1              
          through 11 and affirm the obviousness rejections of claims 12               
          through 18.                                                                 
               Regarding representative claim 1, appellants contend                   
          (Brief, pages 7-8) that "Hayashi neither teaches nor suggests               
          program augmentation via global dependency information and                  
          redundant expression elimination as recited in claim 1, but                 
          rather, is directed to optimizing isolated program structures               
          such as loops and conditional statements such as described in               
          Column 7,                                                                   
          lines 14-25 of Hayashi et al."  Appellants continue, "Hayashi               




          et al. is not concerned with the augmentation of mathematical               
          functions during a compiler optimization process."                          
               The examiner turns to Morgan or Rall to suggest                        
          augmentation of mathematical functions, but admits that the                 
          combination of Hayashi and Morgan (Answer, page 4) and the                  
          combination of Hayashi and Rall (Answer, page 5) do "not                    
          explicitly disclose utilizing global dependency information                 
          and redundant expression elimination to optimize (i.e.,                     
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