Appeal No. 2002-2073
Application No. 09/210,104 Page 9
environment ...’ until such time as a malfunction has occurred.
Thereafter, the Execution Trace Facility is enabled and the
program is restarted in order to correct that malfunction in
accordance with the express recitation within the present
claims.”
The examiner responds (answer, page 3) by maintaining that
Mann discloses a software debug facility in view of the
disclosures of Mann (col. 2, lines 59 and 60) that "[w]hat is
needed is a software debug system and operating procedure that
includes an improved trace capability," and (col. 6, lines 57-59)
that "[t]he disabling of trace gathering is advantageously a
software option."
Appellants respond (reply brief, page 2) by acknowledging
that the software program 112 of Mann is software based, but
maintain that "as the software program does not operate within
the target system Mann cannot be characterized as a 'software
debug facility' as that term is recognized by those having
ordinary skill in this art." Appellants additionally argue (id.)
that Mann "cannot be said to show or suggest the insertion of a
disabled test facility into a software program for selective
subsequent enablement in response to detection of a malfunction
as set forth within the present claims."
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