Ex Parte Kinzhalin et al - Page 9

                Appeal 2007-1416                                                                             
                Application 09/881,791                                                                       
                and parameter lists.  We are not sure what “conversant” means in this                        
                context of conversant textual description (it is not in the Webster’s                        
                International Dictionary, MPCD, or www.dictionary.com) but we find those                     
                elements very similar to those in the Pavela source file.  We thus find                      
                sufficient support in the Pavela reference to render obvious the claimed                     
                “computer specification including a plurality of sentences describing the                    
                computer program”.                                                                           
                      Appellants next contend that “Pavela does not teach an operation for                   
                determining whether anything is a testable assertion.”  (Reply Br. 9 l. 8 from               
                bottom).  In Pavela, column 6, line 45 the lines of the source file are                      
                “scanned to identify system elements 132 that are tested by the test case, and               
                to generate a text index . . .”.  In the source file #318, virtually all of the              
                configuration section invokes tests (as opposed to the objectives section,                   
                which does not).  We do not find Appellants’ objection supported, as the                     
                operation in Pavela to find the testable assertions is to look at the                        
                configuration section of the source file.                                                    
                      Appellants contend that the lines to be tested are not marked.  (Reply                 
                Br. 10, bottom).  We note that they are marked by being labeled :h4                          
                Procedure (Figure 6), but regardless would support the Examiner’s                            
                conclusion.  (Answer, page 4 top).                                                           
                      As Appellants appreciate that the remarks made with regard to claim 1                  
                apply equally to independent claims 8 and 14, (Reply Br. 11, top) we will                    
                affirm the rejection of those claims under 35 U.S.C. § 103.                                  





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