Ex Parte BORTNIKOV et al - Page 22




          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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