Ex Parte BORTNIKOV et al - Page 20




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

          Fig. 1.  Independent claim 32 does not recite how the module                
          counter area for each module and the procedure counter area for             
          each procedure in the module are stored; the profile storage                
          could be a single file which contains all procedure counters for            
          one or all modules as taught by Profiler.  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 the collected statistics for the program can be viewed            
          in the Execution Profile window by module name and area name                
          (pp. 13-14 & 55-56).  The storage area associated with procedures           
          for a given module can be considered a module counter area since            
          the module counter area is not recited to consist of anything               
          other than procedure counter areas.  Profiler discloses that the            
          profile data statistics program are stored in a .TFS file.  Thus,           
          the arguable difference between Profiler and the subject matter             
          of claim 33 is that Profiler does not expressly teach storing               
          procedure counter data for each module in a separate profile                
          file.  Again, no optimizing compiler is claimed, so Aho adds                
          nothing to the rejection.                                                   
               Profiler discloses that for large programs involving several           
          modules, profiling should be done on one module at a time (e.g.,            
          p. 110: "If your source consists of 10,000 lines in ten modules,            
          you should probably analyze only one module at a time in active             
          analysis."; p. 115: "In very large programs, limit your selection           

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