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. -2-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007