Ex Parte MALCOLM - Page 4




          Appeal No. 2001-1934                                                        
          Application 08/977,749                                                      


          from a rule database containing rules for assigning symbolic                
          expression to program variables."  The various figures build upon           
          each other such as Figures 1, 2A, 5, 7, 9, 11-13, 16, 17, 19 and            
          21 to the extent they relate to the disputed features recited in            
          representative claim 1 on appeal.                                           
               Kolawa's test generation system 10 in Figure 1 is shown in             
          more detail in Figure 2A, with its program driver 26 being                  
          depicted in Figure 5.  The input generation module 43 in Figure 5           
          is depicted in more detail in Figure 7 which shows the existence            
          of a Heuristics module 74 (it is Figure 7 which is shown on the             
          front page of Kolawa's patent).  Appellant makes reference in his           
          arguments to the Heuristics module.  It is stated in the                    
          paragraph bridging columns 9 and 10 that this module contains a             
          set of rules that can be evoked by the random input generation              
          module 71 to generate random inputs.  There is no teaching or               
          suggestion according to this location and the showing in Figure 7           
          and its reference in various later figures that such a set of               
          rules within the Heuristics module 74 relates to property naming            
          rules as recited in independent claim 1 on appeal.  We therefore            
          are in general agreement with appellant's observations at pages 8           
          and 9 of the brief that these rules are not utilized to                     
          essentially "name" or otherwise generate symbolic memory values             

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