Appeal No. 1998-3398
Application No. 08/634,515
augment) source code." The examiner relies upon Cocke to
remedy this deficiency. In particular, the examiner asserts
(Answer, pages 4 and 6) that Cocke "discloses utilizing global
dependency information and redundant expression elimination to
optimize (i.e., augment) source code." Also, the examiner
takes Official Notice "that the use of global dependency
information and redundant expression elimination (e.g., loop
optimization algorithms) are well known in the compiler art
and do not constitute patentably distinct limitations."
We find no teaching or suggestion in Cocke as to why the
skilled artisan would use the specific augmentation methods of
global dependency information and redundant expression
elimination. Further, the Court has held that "[w]ith respect
to
core factual findings in a determination of patentability,
however, the Board cannot simply reach conclusions based on
its
own understanding or experience -- or on its assessment of
what would be basic knowledge or common sense." In re Zurko,
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