Appeal 2007-1247
Application 10/222,014
6. The system of claim 1, wherein
the hardware portion includes an instruction cache with a first
portion that maintains a plurality of values, each indicating a number
of executions of a particular instruction of the program, and a second
portion that stores information detailing performance of branch
instructions of the program; and
the software portion includes a trace selector that forms the
trace and is invoked when the one value of the plurality of values
reaches a predetermined number, and the trace selector begins the
trace with the instruction associated with the one counter and ends the
trace with an instruction selected by a predetermined criteria.
C. REJECTIONS
Claims 1-5 and 7-11 stand rejected under 35 U.S.C. § 102(e) as
anticipated by U.S. Patent No. 6,205,545 ("Shah"). Claims 6 and 12 stand
rejected under 35 U.S.C. § 103(a) as obvious over Shah.
II. CLAIMS 1-5 AND 7-11
“When multiple claims subject to the same ground of rejection are
argued as a group by appellant, the Board may select a single claim from the
group of claims that are argued together to decide the appeal with respect to
the group of claims as to the ground of rejection on the basis of the selected
claim alone. Notwithstanding any other provision of this paragraph, the
failure of appellant to separately argue claims which appellant has grouped
together shall constitute a waiver of any argument that the Board must
consider the patentability of any grouped claim separately.” 37 C.F.R.
§ 41.37(c)(1)(vii) (2006).1
1 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief. The current version includes the same rules.
3
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