Ex parte PROSSER et al. - Page 6




          Appeal No. 1999-0004                                                        
          Application 08/593,309                                                      


          considered [see 37 CFR                                                      
          § 1.192(a)].                                                                
          We consider first the rejection of independent claims                       
          1 and 12 based on Alpert and Johnson.  The examiner indicates               
          how he interprets Alpert and Johnson so as to render these                  
          claims obvious under 35 U.S.C. § 103 [answer, pages 5-6].                   
          With respect to claim 1, appellants argue that neither Alpert               
          nor Johnson discloses “a block alignment information input                  
          mechanism that inputs block alignment information from a                    
          source external to both said source code and said compiler” as              
          recited in claim 1 or “a block alignment processing mechanism               
          that processes said external block alignment information and                
          aligning certain of said plurality of basic blocks on a cache               
          line boundary” as also recited in claim 1.  With respect to                 
          claim 12, both the examiner and appellants rely on the same                 
          positions considered with respect to claim 1.  The examiner’s               
          response to appellants’ arguments is to essentially repeat the              
          statement of the rejection.                                                 
          At the outset, we acknowledge our appreciation of the                       
          examiner’s effort to specifically read the language of the                  
          claims on the applied prior art.  Such an effort makes it                   
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