Ex Parte BLANDY - Page 2




             Appeal No. 2002-0273                                                                                  
             Application No. 09/078,933                                                                            

                                                 BACKGROUND                                                        
                    The disclosed invention is directed to a method and apparatus for compiling                    
             instructions in a data processing system.  In a JAVA implementation of the method,                    
             unexecuted paths within the method are not compiled or interpreted, but remain in                     
             bytecode form, minimizing storage utilization.  Claim 1 is reproduced below.                          
                    1.     A process in a data processing system executing a routine having a                      
                    plurality of paths, wherein the routine has includes [sic] a plurality of first type           
                    instructions and wherein the data processing system executes second type                       
                    instructions, the process comprising:                                                          
                           identifying a path being executed, wherein the path is one of the plurality             
                    of paths in the routine and wherein a plurality of first type instructions are                 
                    associated with the path; and                                                                  
                           translating the first type instructions for the path being executed, wherein            
                    first type instructions are translated into second type instructions for execution by          
                    the data processing system, wherein first type instructions for unexecuted paths               
                    within the routine remain untranslated.                                                        
                    The examiner relies on the following reference:                                                
             Kolawa et al. (Kolawa)                   5,784,553                  Jul. 21, 1998                     
                                                                          (filed Apr. 30, 1997)                    
                    Claims 1-32 stand rejected under 35 U.S.C. § 102 as being anticipated by                       
             Kolawa.                                                                                               
                    We refer to the Final Rejection (Paper No. 9) and the Examiner’s Answer (Paper                 
             No. 16) for a statement of the examiner’s position and to the Brief (Paper No. 15) for                
             appellant’s position with respect to the claims which stand rejected.                                 



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