Ex Parte BORTNIKOV et al - Page 7




          Appeal No. 2001-0653                                                        
          Application 08/820,736                                                      

          It seems that "functional value computed from attributes of the             
          related procedure" in claim 26 could read on the disclosed                  
          calculated check sum for the procedure.  As another example, in             
          programming it is common to use a "make file" which is a set of             
          instructions (usually ASCII Text) to build a program.  The make             
          utility reads the dependencies, figures out which items need to             
          be rebuilt (for example you changed the source code of a module             
          after the last time it was built) and automates the process by              
          executing the appropriate set of commands.  The process of                  
          determining which modules were changed must use some attributes             
          of the module and is one way of determining if specific profile             
          data is valid.  Thus, we conclude that the examiner has not                 
          established a prima facie case of indefiniteness.  The rejection            
          of claim 26 is reversed.                                                    


          Obviousness                                                                 
               Grouping of claims                                                     
               Appellants identify the following groups of claims, with the           
          individual claims within each claim group standing or falling               
          together (Br6).  The representative claim in each group, as                 
          argued by appellants, is underlined; the representative claims              
          chosen by the examiner (EA7) differ for Groups 4 and 5, but this            
          does not affect the analysis.                                               
               Group 1 - Claims 1, 3, 4, 20-22, 32, 34, and 40;                       

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