Ex Parte Arnold et al - Page 6



               Appeal 2007-0506                                                                             
               Application 09/998,511                                                                       
               method defined in a second program entity in the object-oriented computer                    
               program that is different from and that depends from the first program                       
               entity" (emphasis added).  Appellants argue that this limitation requires two                
               things: (1) execution is halted in response to hitting an implementation of a                
               method in a second program entity that "depends from" the first program                      
               entity (App. Br. 6; Reply Br. 2-3); and (2) the "implementation" must be                     
               "defined" within the second program entity itself, rather than being inherited               
               from a parent program entity (most clearly argued at Reply Br. 2-4).                         
                      The main issue argued is whether Nishimura discloses that the                         
               "implementation" of the method is "defined" in a second program entity                       
               which "depends from" a first program entity.  The Examiner's position is:                    
                      "[A]n implementation of the method defined in a second program                        
                      entity" as claimed, reads on an inherited function (i.e., a function                  
                      defined in the second program entity as inherited from the first                      
                      program entity) of Nishimura since an inherited function is inherently                
                      defined in the second program entity to be the same as that                           
                      defined/identified in the base class (i.e., "first program entity").                  
               (Ans. 10.)                                                                                   
                      Appellants argue that "[t]he arguments presented by the Examiner in                   
               the Examiner's Answer are fundamentally premised on the incorrect                            
               assumption that Applicants' claims read on the situation where a breakpoint                  
               is set on a method defined in a parent class and execution is halted when that               
               method is executed by an object instance of a subclass that has inherited the                
               method, but where the actual implementation of the method that is hit is                     
               defined in the parent class, but not in the subclass" (Reply Br. 3-4).                       
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