Ex Parte BORTNIKOV et al - Page 15




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

          area" and "procedure counter area," claim 32 is not separately              
          argued for Group 1.  Furthermore, appellants have not argued that           
          all the data structures of Figs. 2 and 3 should be read into                
          these terms; e.g., that the procedure counter area in Fig. 3                
          should be interpreted in light of the specification as having a             
          header information 50, control flow counters 52, direct call site           
          counters 54, and indirect call site counters 56.                            
               Appellants further argue (Br9):                                        
                    Applicants' claimed utilization of procedure specific             
               data storage areas is in contrast to conventional profilers            
               that store and organize profile data merely on a program-by-           
               program basis.  The profile data is generated for various              
               regions of a program based upon the insertion of profiling             
               hooks within specific regions of a program.  Certainly, if a           
               hook is placed in a specific procedure, profile data                   
               specific to that procedure will be created.  However, there            
               is no disclosure or suggestion in the art of storing such              
               profile data in a procedure specific data storage area.                
               Storage of the profile data in conventional profiles is                
               still on a program-by-program basis.                                   
               The examiner responds that procedure storage areas are                 
          taught by Profiler (EA24).                                                  
               Profiler stores profile information about each module of the           
          program and each area (routine or procedure) in the module as               
          evidenced by the fact that it can display the profile statistics            
          according to the module and area (procedure) in the Execution               
          Profile window (pp. 13-14 & 55-56).  The procedure counter and              
          time areas shown in Figure 4.1 (p. 130) clearly show that                   
          Profiler stores procedure specific data.  Claim 1 does not                  

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