Appeal No. 1998-3398
Application No. 08/634,515
No. 96-1258 (Fed. Cir. August 2, 2001). Thus, we will not
accept the examiner's taking of Official Notice without any
evidence to support the assertion as motivation for modifying
Hayashi. As the combination of Hayashi, Cocke, and either
Morgan or Rall fails to disclose each and every claim
limitation, the examiner has failed to establish a prima facie
case of obviousness. Consequently, we cannot affirm the
rejections of claim 1 and its dependents, claims 2 through 11.
As to claim 12, Hayashi appears to include a front end
(2), an intermediate language generator (between elements 2
and 4), an optimizer (4), and a back end. Further, the
compiler must include a symbol-information table or data
structure to define the symbols to be used for the program.
As to the means for augmenting mathematical functions, Hayashi
discloses (column 9, lines 29-36) that one optimization
function changes an instruction into another of higher speed
"for example, changing a
multiplication instruction into a repetition of addition." We
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