Ex Parte BORTNIKOV et al - Page 14




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

          storage area that stores profile data related to a procedure or             
          routine, which is taught by Profiler.                                       
               Claim 20 recites "a hierarchical profile data storage system           
          ... including a mechanism for creating unique module counter                
          areas for each program module and unique procedure counter areas            
          for each procedure."  Claim 32 recites "for each source code                
          module, initializing a module counter area; for each procedure in           
          the module, initializing a procedure counter area within said               
          module counter area."  The claims in Group 1 are argued by                  
          appellants to stand or fall with claim 1 and, so, these other               
          claim limitations are not at issue.  However, we offer some                 
          comments on claims 20 and 32 for appellants' benefit.  Profiler             
          stores profile information about each module in the program and             
          each area (routine or procedure) in the module.  This data has a            
          "hierarchical" relationship as broadly recited in claim 20; the             
          data structure is not specifically claimed.  Profiler must have             
          storage areas corresponding to module counter areas and procedure           
          counter areas as recited in claim 32 in order to be able to                 
          display the statistics according to the module and area                     
          (procedure) in the Execution Profile window (pp. 13-14 & 55-56).            
          The "module storage area" in claim 32 consists only of "procedure           
          counter areas" and the storage area for the count data for                  
          procedures for a module in Profiler is considered a "module                 
          storage area."  Although claim 32 uses the terms "module counter            

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