Ex Parte Liu et al - Page 5

                  Appeal 2007-1599                                                                                         
                  Application 10/255,748                                                                                   


                         Claims 8, 11, 12, and 15 require “analyzing the program to gather                                 
                  information regarding a call to a function of the program including portions                             
                  of the program to which a compiler has no access.”  As indicated supra, the                              
                  compiler in Peyton has access to all of the portions of the source code                                  
                  modules.                                                                                                 
                         Claim 16 requires “analyzing portions of the program about which the                              
                  compiler has no access using the linker.”  The linkers 22 and 27 are in the                              
                  compiler in Peyton, and, therefore, can not perform this step of the claim.                              
                         Claim 18 requires “linking means for analyzing portions of the                                    
                  program inaccessible to compiling means to determine information.”  As                                   
                  indicated supra, the linkers described by Peyton are incapable of performing                             
                  the claimed operation.                                                                                   
                         Claim 27 requires “linking logic configured to receive intermediate                               
                  objects from the translator logic and to analyze portions of the program to                              
                  which the translator logic has no access to obtain information.”  Peyton is                              
                  silent as to “linking logic” that can “analyze portions of the program to                                
                  which the translator logic has no access.”                                                               
                                             CONCLUSIONS OF LAW                                                            
                         Anticipation has not been established by the Examiner for claims 1, 4,                            
                  7, 8, 11, 12, 15, 16, 18, and 27.  The Examiner’s obviousness rationale for                              
                  claims 3 and 10 does not overcome the deficiencies noted in the anticipation                             
                  rejection of claims 1 and 8.  Accordingly, obviousness has not been                                      
                  established by the Examiner for claims 3 and 10.  Obviousness has not been                               
                  established by the Examiner for claims 5, 6, 13, 17, 19 to 26, and 28 because                            


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