Appeal 2007-1599 Application 10/255,748 STATEMENT OF THE CASE Appellants have invented a method and system for analyzing portions of a program that are inaccessible to the compiler to optimize the compiling of the program (Figure 5; Specification 3 to 5). Claim 1 is representative of the claims on appeal, and it reads as follows: 1. A method performed by a translator/optimizer, the method comprising: analyzing the program to gather information regarding global variables used in the program including portions of the program to which a compiler has no access; providing the information gathered about the global variables to the compiler that is to compile the program; and compiling the program with the compiler in view of the gathered information so as optimize the program. The prior art relied upon by the Examiner in rejecting the claims on appeal is: Peyton US 5,920,723 Jul. 6, 1999 Kolodner US 6,675,379 B1 Jan. 6, 2004 (filed Jun. 30, 2000) The Examiner rejected claims 1, 4, 7, 8, 11, 12, 15, 16, 18, and 27 under 35 U.S.C. § 102(b) based upon the teachings of Peyton. The Examiner rejected claims 3 and 10 under 35 U.S.C. § 103(a) based upon the teachings of Peyton. The Examiner rejected claims 5, 6, 13, 17, 19 to 26, 2Page: Previous 1 2 3 4 5 6 Next
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