Ex parte ALECCI et al. - Page 15




          Appeal No. 1997-1654                                      Page 15           
          Application No.  08/431,307                                                 


                                                                                     
               Claims 38 and 41-46 each specifies in pertinent part that              
          “membership in the set of overriding attributes remains                     
          constant during execution of the program.”  Although we agree               
          with the appellants that “the use of a dynamically accessed                 
          database creates the possibility that membership in a set of                
          attributes could change while the program runs,” (Appeal Br.                
          at 17 (emphasis added)), such a change is not required.                     
          Because the possibility is not a certainty, the reference                   
          would have suggested “membership in the set of overriding                   
          attributes remains constant during execution of the program.”               
          Therefore, we affirm the rejection of claims 38 and 41-46.                  
          Next, we address the obviousness of claims 29 and 39.                       


                                  Claims 29 and 39                                    
               Regarding claims 29 and 39, the appellants argue, “the                 
          references of record do not teach the claimed modification of               
          source code to assign predetermined values to overriding                    
          attributes.”  (Appeal Br. at 15.)  The examiner makes the                   
          following reply.                                                            








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