Appeal No. 2001-0653
Application 08/820,736
and can be used during optimization (Br12). It is argued that by
checking for both the existence and validity of profile
information for each procedure during optimization, the compiler
is able to perform optimization in many instances without
requiring profiling to be repeated on a modified program (Br12).
The examiner finds that Aho teaches several forms of
commonly used data validation, such as "type checking," and that
validation of data is routine in programming (EA34). The
examiner concludes that the broadest reasonable interpretation
covers the recited claim limitations (EA34).
While we agree with the examiner that data validation is
routine in compiling, this does not make all validation obvious.
This following analysis only addresses the claim limitations and
gives no weight to the arguments about the way the validity data
may be used because this is not claimed. Profiler generates
profile information and discusses various optimization techniques
to be performed by a human (e.g., pp. 113-116; 124-128).
Profiler does not perform any optimization by itself and, thus,
has no need to determine whether profile information is valid.
Aho discloses that compilers which perform code-improving
transformations are called optimizing compilers (p. 585). Aho
discloses (p. 585): "Profiling the run-time execution of a
program on representative input data accurately identifies the
heavily traveled regions of a program. Unfortunately, a compiler
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