Ex Parte Darlet - Page 9


                Appeal 2007-0224                                                                                  
                Application 09/754,785                                                                            
                       The Examiner disagrees.  In particular, the Examiner notes that the                        
                lorder and tsort functions allow the resulting library to be organized to allow                   
                a single sequential pass over the files to resolve all undefined references (See                  
                Levine, p. 5).  During this sequential pass, the linker will include the                          
                appropriate object files (Id. at p. 6).  Thus, the Examiner concludes that there                  
                is no need to store the entire module in memory during this single sequential                     
                pass because the linker only has to search forward (sequentially) through the                     
                library (Answer 7-8, emphasis added).                                                             
                       We find the recited step of “receiving a software module sequentially,                     
                the software module having at least one symbol reference” is disclosed by                         
                Levine, as follows (see also discussion of claim 1, supra):                                       
                       Tsort did a topological sort on the output of lorder, producing a                          
                       sorted list of files so each symbol is defined after all the                               
                       references to it, allowing a single sequential pass over the files                         
                       to resolve all undefined references.                                                       
                       (Levine 5, emphasis added).                                                                

                       With respect to the recited limitation of “linking the software module                     
                onto a target memory space,” we find that Levine inherently links the                             
                software module onto a target memory space.  We note that Levine discloses                        
                UNIX® libraries created with the “ar” command that is used to combine                             
                files into archives (Levine 5).  We find the archived library files are                           
                necessarily stored somewhere in computer storage (e.g., on a disk drive, or                       
                in memory).                                                                                       
                       We acknowledge that Levine fails to expressly disclose the recited                         
                functional language of “resolving the at least one symbol reference without                       
                storing the entire software module in local memory while the symbol                               

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