Ex Parte KOIZUMI et al - Page 6




          Appeal No. 2003-1145                                                        
          Application No. 09/080,241                                                  


          in Chan (e.g., Figures 2 and 13) of the conversion of the HPcode-           
          Plus object files 1150 and 1160 into executable code in the form            
          of binary format machine language instructions 1356 at the                  
          installer site.3                                                            
               We also find to be unpersuasive Appellants’ related argument           
          (Brief, page 7; Reply Brief, pages 2 and 3) that the object code            
          representations 222, 232 in the second computer of Chan are not             
          directly executable, but rather require further processing to               
          generate a machine language program in binary format.  In support           
          of this contention, Appellants point to a passage at column 61,             
          lines 9-13 of Chan which discusses the use of a native linker for           
          producing an executable program.                                            
          We find ourselves, however, in agreement with the Examiner’s                
          assertion (Answer, page 8) that, contrary to Appellants’                    
          contention that the use of a native linker means that Chan’s                
          machine instructions are not directly executable, the passage at            
          column 61, lines 9-13 of Chan can reasonably be interpreted as              
          stating only that the executable machine instructions 222 and 232           
          in Chan are directly linked by the linker for execution.  We                



               3 See the definitions of “machine code,” “machine instruction,” and    
          “machine language” at page 247 of Microsoft Press® Computer Dictionary (Second
          Edition), a copy of which is attached to this decision.                     
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