Ex Parte WILLIAMSON et al - Page 11




          Appeal No. 2002-2073                                                        
          Application No. 09/210,104                                Page 11           


          program is executed while the trace facility is active.  The                
          trace facility gathers all historical trace data which may be               
          pertinent.  Each trace output entry which is produced during                
          execution is associated with one or more categories of                      
          categories/filter of the trace criteria.  The trace entries are             
          preferably stored as object oriented objects (col. 4, lines 1-              
          17).                                                                        
               From the disclosure of Borchardt (col. 3, lines 46 and 47)             
          that "[i]f desired, the trace facility of the present invention             
          becomes active," we find that the trace facility was inactive               
          (disabled) prior to becoming active by input of data by the                 
          programmer (or through default criteria), as is clear from figure           
          2.  Although both the examiner (final rejection, page 3) and                
          appellants (brief, page 5) take the position that Borchardt does            
          not disclose inserting the Execution Trace Facility into the                
          program code in a disabled mode, we find that because the trace             
          facility of Borchardt is inactive until activated by the                    
          programmer, that the trace facility was inherently inserted into            
          the program code in a disabled mode.                                        
               Moreover, claim 1 additionally requires that the program is            
          recompiled after the Execution Trace Facility has been inserted             
          into the program code.  Borchardt discloses (col. 2, lines 9-12)            







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