Appeal No. 2001-0653
Application 08/820,736
Group 2 - Claim 33;
Group 3 - Claims 5-7, 13-17, 23, 24, 29, 30, 35, 36, and 39;
Group 4 - Claims 8-10, 25, 26, and 37;
Group 5 - Claims 11, 12, 18, 19, 27, 28, 31, and 38.
Group 1 - Claims 1, 3, 4, 20-22, 32, 34, and 40
Appellants discuss claim 1 as representative of Group 1
claims (Br8-9). We agree with this grouping since claim 1 is the
broadest claim in the group. We also briefly touch on some
limitations of independent claims 20 and 32, although the claims
in this group stand or fall together with claim 1.
Initially, we note that claim 1 does not require doing
anything with the generated profile data and does not require an
optimizing compiler; compare claim 13. The profile data could be
used by a human to perform optimization as taught by Profiler.
Thus, Aho is not necessary to the rejection of claim 1.
Turbo Profiler is a program for profiling a program, i.e.,
for collecting statistics about the run-time operation of the
program. It was well known in the computer art (spec. at 9,
line 15, to page 10, line 3), that one or more "source modules"
are compiled into "object modules" and then linked together to
form a single executable program module (the "program"), as
recited in the preamble of claim 32. Profiler indicates that a
program can be compiled from several modules (e.g., p. 46: "When
you choose View|Module, a list box appears that lists all the
source modules linked with the program currently loaded into the
- 8 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007