Ex Parte BORTNIKOV et al - Page 21




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

          of area markers to a single module per profile run.").  One of              
          ordinary skill in the computer art would have known that the                
          profile data for one module would be saved as a single file                 
          corresponding to the claimed "profile file."  Thus, it would have           
          been obvious to one of ordinary skill in the art that profiling             
          data for procedures and modules in Profiler could be saved either           
          as one file, containing all procedure data for all modules, or as           
          one file per module.  The rejection of claim 33 is sustained.               

               Group 3 - Claims 5-7, 13-17, 23, 24, 29, 30, 35, 36, and 39            
               The independent claims in this group require an optimization           
          mechanism that (1) determines if procedure specific profile                 
          information exists for a procedure, and (2) determines if the               
          existing profile information is valid.  As described in the                 
          specification (spec. at 14, lines 15-18): "[P]rofile data will be           
          said to be 'valid' either if the corresponding procedure has not            
          changed, or if the data is considered sufficiently adequate                 
          (e.g., it is similar enough to the original procedure) and the              
          compiler can still use the data in this fashion."                           
               Appellants argue that neither Profiler nor Aho discloses or            
          suggests an optimizer that checks for each procedure in a module            
          to determine whether both existing and valid profile information            
          is present (Br12).  It is argued that Aho discusses optimization            
          but presumes that all necessary profile information is available            

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