Ex Parte BORTNIKOV et al - Page 9




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

          Module window."; p. 110: "If your source consists of 10,000 lines           
          in ten modules, you should probably analyze only one module at a            
          time in active analysis."; p. 115: "In very large programs, limit           
          your selection of area markers to a single module per profile               
          run.").  However, claim 1 does not require the "executable                  
          program module" to be created from more than one source module.             
          Each program (executable program module) in Profiler is composed            
          of one or more "routines," where a "routine" refers in a generic            
          way to functions and procedures (p. 5), and corresponds to the              
          claimed "procedure."                                                        
               The user of Profiler determines what parts or "areas" of the           
          program to profile.  Profiler states (p. 109):                              
               An area is a location in your program where you want to                
               collect statistics: It can be a single line, a construct               
               such as a loop, or an entire routine.  An area marker sets             
               an internal breakpoint.  Whenever the profiler encounters              
               one of these breakpoints, it executes a certain set of                 
               code--depending on the options you've set for the area in              
               question.  This profiling could be a bookkeeping routine or            
               a simple command to stop program execution.                            
          The areas are set using the Add Areas menu (p. 50).  The "area              
          markers" and the associated bookkeeping code in Profiler                    
          correspond to the instrumentation code "hooks" described in                 
          connection with prior art profilers (spec. at 8, lines 10-13;               
          spec. at 9, lines 1-6).  Thus, the program with the area markers            
          inserted in Profiler is "an instrumented executable program                 
          module," as recited in claim 1.  The program is inherently stored           

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