Ex Parte BORTNIKOV et al - Page 17




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

          recite any organizational structure which defines over Profiler.            
          Profiler stores profile information about each module of the                
          program and each area (routine or procedure) in the module.                 
               Appellants further argue (Br9-10):                                     
                    Profiler, in particular, is focused only on the                   
               creation of profile data, and not how that data is logically           
               arranged in storage.  As shown, for example, at pages 90-92            
               of Profiler, profile statistics for a program are stored and           
               retrieved in .TFS files, each of which organizes profile               
               data on a program-by-program basis.  Moreover, as shown at             
               pages 47 and 48 of Profiler, the concept of a "module                  
               window" is discussed, explaining how source modules in a               
               program may be loaded into a module window.  Nonetheless,              
               even though Profiler discusses the possibility of parsing a            
               program into multiple modules, profile data storage is still           
               performed in program-wide files.  Profiler recognizes the              
               concept of a module, yet does not disclose or suggest any              
               mechanism for collecting and storing such information even             
               on a module-by-module basis, much less on a procedure-by-              
               procedure basis, as is specifically recited in claim 1.                
               These arguments are not persuasive.  Claim 1 does not recite           
          how procedure specific data is logically arranged in storage.               
          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.                                    





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