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 - 22 -Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 3, 2007