Ex Parte FIELDEN - Page 3




              Appeal No. 2002-0490                                                               Page 3                
              Application No. 09/152,751                                                                               


              instruction is positioned in the program at the original location of the (replaced) load                 
              instruction.  (Id.)  At the location in the program where the load instruction was originally            
              placed, a check is made to determine whether an exception should have occurred.  If                      
              so, the exception is taken.  (Spec. at 6.)  A further understanding of the invention can                 
              be achieved by reading the following claim.                                                              

                            16. A method of compiling a series of instructions having a load,                          
                     said method comprising:                                                                           
                            converting the load into a dismissible load instruction;                                   
                            positioning the dismissible load instruction in a stream of                                
                     executable instructions so that the load would be executed speculatively;                         
                     and                                                                                               
                            positioning a check instruction after the dismissible load instruction                     
                     in the stream of executable instructions to determine if an exception                             
                     should have occurred on the load.                                                                 


                     Claims 16-18, 20-22, 24-25 and 27 stand rejected under 35 U.S.C. § 102(b) as                      
              anticipated by Todd C. Mowry, Tolerating Latency Through Software-Controlled Data                        
              Prefetching (Mar. 1994) ("Mowry").  Claims 19 and 23 stand rejected under 35 U.S.C.                      
              § 103(a) as obvious over Mowry and Anne Rogers and Kai Li, Software Support for                          
              Speculative Loads, Proceedings of 5th Int'l. Conf. Architectural Support for                             
              Programming Languages and Operating Syss., pp. 38-50 (Oct. 1992) ("Rogers").                             









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