Appeal No. 2002-0273
Application No. 09/078,933
The reference refers to “interpreting” and “compiling” consistent with their
customary meanings in the art. To “interpret” is understood to mean “[t]o analyze and
execute each statement in a source program before translating and executing the next
statement.” IBM Dictionary of Computing at 355 (1994 ed.). The primary meaning of
“compile” is to “translate all or part of a program expressed in a high-level language into
a computer program expressed in an intermediate language, an assembly language, or
a machine language.” Id. at 125. “Compiling” thus connotes generating a computer
program output, rather than step-by-step translation of statements.
In any event, the compilers to which the rejection refers are not part of the
operation test generation systems or methods described by Kolawa, upon which the
rejection further relies. The combinations set forth by claims 4-32 have thus not been
shown in the reference. Cf. Lindemann Maschinenfabrik GmbH v. American Hoist &
Derrick Co., 730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984) (anticipation
requires the presence in a single prior art reference disclosure of each and every
element of the claimed invention, arranged as in the claim).
For the foregoing reasons we sustain the rejection of claims 1-3, but do not
sustain the rejection of claims 4-32.
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