Ex parte SEKINE - Page 7




          Appeal No. 1997-3581                                                        
          Application No. 08/010,291                                                  


          is defined and before a query is inputted (emphasis                         
          added)....”                                                                 
               After careful review of the Heffernan reference, we are                
          in agreement with Appellant’s position as stated in the                     
          Briefs.  Our interpretation of the disclosure of Heffernan                  
          coincides with that of Appellant, i.e. while queries are                    
          examined and an “Access Plan” is developed for optimizing the               
          data retrieval, any such development takes place only after a               
          user inputs a query.                                                        
               We take note of the fact that the Examiner, in addressing              
          the relevant portion of claims 1 and 6 cited supra, offers an               
          interpretation of the claim language that differs from the                  
          plain meaning of the words in the claim.  In the Examiner’s                 
          analysis (Answer, page 6), the claim language “creating ...                 
          execution procedures... before a query is inputted...” is                   
          interpreted as “creating... execution procedures without                    
          incurring I/O overhead related to data stored in actual                     
          physical storage.”                                                          
               We can find no basis on the record for the Examiner                    
          interpreting the claim language in this manner.  When not                   
          defined                                                                     
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