Appeal No. 2002-0040 Page 5
Application No. 08/937,392
Perkin-Elmer Corp. v. Computervision Corp., 732 F.2d 888, 894, 221 USPQ 669, 673
(Fed. Cir. 1984) (citing Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 771, 218 USPQ
781, 789 (Fed. Cir. 1983).
Here, the examiner’s position that “[a]s per claims 4 and 6, Duda et al. disclosed
the invention,” (Final Rejection at 2), seems to be that all the elements of the
independent claims are found in Duda’s invention. For its part, the reference describes
Duda’s invention as “based on content routing, an architecture that makes use of
content labels for locating and accessing information in large distributed systems.”
Abs., ll. 6-9. The examiner equates the claimed “link text” to Duda’s use of content
labels asserting, “the content label is a link text which corresponds or [sic] a description
of a second file. . . .” (Examiner’s Answer at 4.) Opining that “Duda et al. had
specifically suggested construction of a global index (See Duda et al. Col. 127, lines 5-
7),” (id.), moreover, he asserts, “there is no difference between constructing an index
and constructing a catalog.” (Id.)
Although the reference mentions a global index, the examiner fails to show that
the index is part of Duda’s invention. To the contrary, Duda distinguishes its invention
from the global index. Specifically, “[c]ontent routing based on content labels lies be-
tween the extremes of a global index and sending every query to every server.” P. 127.
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