Appeal 2007-1599
Application 10/255,748
CUs (col. 5, ll. 28 to 32). Each of the CUs passes through a front end linker
22 and a back end linker 27 (figures 2 and 2a; col. 3, ll. 43 to 51).
Kolodner was cited by the Examiner for a teaching of a plug-in
provided “to comprise a software package or interface with a compiler”
(Answer 26).
PRINCIPLES OF LAW
Anticipation is established when a single prior art reference discloses
expressly or under the principles of inherency each and every limitation of
the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,
1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,
1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
ANALYSIS
We agree with the Appellants that Peyton does not perform any
analysis of any portion of the program to which the compiler lacks access
prior to the compiling operation.
Claims 1, 4, and 5 require analysis of portions of the program to
which the compiler lacks access to gather information regarding global
variables used in the program. As indicated supra, the compiler method
described by Peyton does not perform any pre-compiling operation on any
portion of the source code. As indicated in Figures 2 and 2a, all of the
operations on the source code occur in the compiler per se, and the only
information gathered regarding variables is in the optimizer procedure 24
portion of the compiler. As indicated supra, the variable information is
gathered in each individual source code module/CU as the module is
undergoing a compiling operation.
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