Ex Parte O - Page 2




                 Appeal No. 2006-3352                                                                                                               
                 Application No. 09/682,520                                                                                                         

                 instructions executed as a result of the evaluation of true (Brief, page 2).  Claims for an                                        
                 apparatus, a method for instrumenting a computer program, and a compiler for                                                       
                 instrumenting a computer program with similar limitations are also presented.                                                      
                          Claim 1 is representative of the claimed invention and is reproduced as follows:                                          
                          1.  A method for tracing the execution path of a computer program                                                         
                 comprising at least one module including a plurality of instructions, at least one of said                                         
                 instructions being a branch instruction, the method comprising the steps of:                                                       
                          identifying each branch instruction;                                                                                      
                          evaluating each branch instruction to be one of true and false; and                                                       
                          responsive to an evaluation of true, pushing a unique identifier into a predefined                                        
                 area of storage, wherein said unique identifier is associated with the instructions                                                
                 executed as a result of said evaluation of true.                                                                                   


                                                                  References                                                                        
                          The references relied on by the Examiner are as follows:                                                                  
                 Wisor et al. (Wisor)                                  6,173,395                                  Jan.  9, 2001                     
                 Ayers et al. (Ayers)                                  6,353,924                                    Mar. 5, 2002                    
                 (filed Feb. 8, 1999)                                                                                                               


                                                             Rejections At Issue                                                                    
                          Claims 1, 13 and 14 stand rejected under 35 U.S.C. § 102(b) as being                                                      
                 anticipated by Wisor.                                                                                                              


                          Claims 2 and 3 stand rejected under 35 U.S.C. § 103 as being obvious over                                                 
                                                                         2                                                                          




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