Case 2: Arm Limited BL O/066/06

This application concerns an optimized compiler of application code in a data processing apparatus which responds to input signals derived from a non-invasive trace unit coupled to the processing apparatus to continuously modify the compilation process.

Applying the four-step test from Macrossan/Aerotel

1. Construe the Claim:

The paragraph above gives a fair summary of the invention defined in the claims.

2. Identify the actual contribution:

What the inventor has added to the stock of human knowledge is not the trace unit used to monitor the compilation process because that is conventional. The contribution made by the invention is the use of data from a non-invasive trace unit to adapt compilation of application code, depending on the characteristics of the particular processor, in an iterative manner

3. Ask whether it falls solely within the excluded field:

Whilst aspects of the invention are implemented in software, the overall contribution is not solely a program for a computer and so does not fall solely within excluded subject matter.

4. Check whether the actual or alleged contribution is actually technical in nature:

The contribution affects the technical operation of the computer and so passes the fourth test.

Thus the invention would appear to be patentable under the new test. The hearing officer reached the same conclusion.