Ex Parte Liu et al - Page 3

                  Appeal 2007-1599                                                                                         
                  Application 10/255,748                                                                                   


                  and 28 under 35 U.S.C. § 103(a) based upon the teachings of Peyton and                                   
                  Kolodner.                                                                                                
                         Appellants contend that inter alia that Peyton does not perform any                               
                  analysis of the portions of the program to which the compiler lacks access                               
                  prior to the compiling operation (Br. 9, 10, 12, and 15 to 19).                                          
                                                         ISSUE                                                             
                         Does Peyton perform the claimed operations on portions of the                                     
                  program to which the compiler lacks access prior to compiling the program?                               
                                                FINDINGS OF FACT                                                           
                  Peyton describes a source code compiler that breaks up a single                                          
                  computer source code listing into separate code modules, operates upon the                               
                  separate code modules, and converts the modules into executable object                                   
                  code in a language translator (col. 1, ll. 6 to 27).  The separate code modules                          
                  are referred to in Peyton as compilation units (CUs) (col. 1, ll. 29 to 31).                             
                  During the source code to object code conversion, cross-CU optimization is                               
                  performed in the compiler (col. 2, ll. 40 to 43).  The compiler method                                   
                  includes the step of analyzing each CU, and deriving: a global CU table 40                               
                  which includes a reference to each analyzed CU; a program symbol table 42                                
                  which indicates in which CU each program routine is defined and/or referred                              
                  to; a global call graph 44 which notes the routine in each CU, indicates                                 
                  references therebetween, and further indicates where the routine exists in the                           
                  program symbol table; and a CU symbol table 54 which includes                                            
                  information that includes a reference for each routine defined in a CU to the                            
                  intermediate representation for that routine (Figures 2 and 2a; col. 2, ll. 43 to                        
                  55).  The CU symbol table 54 includes listings of variables in each of the                               

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