Appeal No. 2000-0190
Application No. 08/784,224
person of ordinary skill, upon [examining] the reference, would be discouraged from
following the path set out in the reference, or would be led in a direction divergent from
the path that was taken by the applicant.' In re Gurley, 27 F.3d 551, 553, 31 USPQ2d
1130, 1131 (Fed. Cir. 1994)." (Brackets in original.) Para-Ordnance Mfg. v. SGS
Importers Int'1, 73 F.3d 1085, 1090, 37 USPQ2d 1237, 1241 (Fed. Cir. 1995), cert.
denied, 117 S. Ct. 80 (1996). The examiner maintains that Oku does not teach away
from using other data structures, but is merely recommending a method used to
construct one type of database used in the system. (See answer at page 11.) We
agree with the examiner. Appellant argues that modifying the data structure of Oku
would destroy the significant purpose of Oku and therefore teaches away from using
other types of data structures. (See brief at page 9.) We disagree with appellant as
discussed above. Therefore, this argument is not persuasive.
Appellant argues that the examiner’s reliance upon the “work progress table,”
answer at page 11, in the response to arguments is misplaced. We agree with
appellant’s argument, at page 5 of the reply brief, but this does not change our finding
concerning the use of indices and searching databases, as discussed above. Since
appellant has not adequately rebutted the examiner’s prima facie case of obviousness
of the claimed invention, we will not sustain the rejection of independent claim 1 and
9
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