Appeal No. 2001-0653
Application 08/820,736
associated with the procedure to be analyzed during
optimization to determine whether profile data for that
procedure exists and is valid. As described above, this
permits a computer program to be optimized after
modifications made thereto subsequent to profiling, and as a
consequence, much of the time and expense that would
otherwise be associated with re-profiling a computer program
may be eliminated.
The examiner responds that "the limitation 'hierarchical
organizational structure facilitates ' is being read into the
limitations of Claim 1[] from the Specification and dependent
claims" (EA23).
We agree with the examiner that claim 1 does not recite a
"hierarchical organizational structure." The specification
describes "storage areas, referred to as module counter areas
(MCA's [sic, MCAs]) and procedure counter areas (PCA's [sic,
PCAs])" (spec. at 17, lines 17-19). Each module has its own
profile data file (MCA) (elements 30 in Fig. 1; MCA data
structure shown in Fig. 2), which includes one or more procedure
counter areas (PCAs) (Fig. 2; PCA data structure shown in Fig. 3;
spec. at 18, lines 5-9; spec. at 19, line 19 to page 20,
line 16). However, these data structures for the MCAs and the
PCAs are not claimed in claim 1. Since appellants have not used
the exact term "procedure counter area" from the specification,
we will not interpret "procedure specific data storage area" to
include all of the disclosed limitations of a PCA. A "procedure
specific data storage area" is broad enough to read on any
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