Appeal No. 2001-0653
Application 08/820,736
preclude the "procedure specific data storage area" from being
part of a larger storage area, such as the .TFS file in Profiler
that stores all program profile information.
Appellants further argue (Br9):
The examiner relies principally on Profiler for
allegedly disclosing the use of procedure specific data
storage areas. However, it appears that the Examiner is
confusing the concept of creating profile data with the
concept of storing profile data, the latter of which is the
focus of claim 1. Indeed, the Examiner's response to
Applicants' arguments made at pages 6 and 7 of the Office
Action dated December 17, 1999 focus on the general
organization of a computer program into modules and
procedures, and specifically only on the creation of profile
data. Applicants are not claiming as novel the concept of
creating profile data that is specific to a particular
procedure. Rather, it is the unique organizational
structure within which such data is stored that is
distinguishable from the prior art of record.
The relevant argument is in the last sentence. The argument
that "it is the unique organizational structure within which such
data is stored that is distinguishable from the prior art of
record" (Br9) is not commensurate in scope with claim 1 because
the "procedure specific data storage area" has not been defined
to have any particular organizational structure. Any data
storage area that stores data related to statistics of a
procedure (routine) is "procedure specific data storage area."
Profiler teaches storing area specific data in a .TFS file, where
"[a]n area can be a single line, a construct such as a loop, or
an entire routine" (p. 12). As to independent claims 20 and 32,
which are not argued with respect to Group 1, these claims do not
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