Ex Parte LYLE et al - Page 3




          Appeal No. 2002-2218                                                        
          Application 09/322,698                                                      


               storing a read identifier for each reading transaction,                
               wherein the read identifier reflects a time at which                   
               the reading transaction first accesses an object stored                
               in the database; and                                                   
               using the read identifiers to determine an age of an                   
               oldest active transaction.                                             
               As a major theme of appellants' positions in the briefs and            
          reply brief, we note appellants' position at the top of page 13             
          of the principal brief on appeal that there is "no teaching or              
          suggestion of using read transaction identifiers to determine the           
          age of an oldest active transaction (i.e., transactions that read           
          the database, as opposed to those transactions that modify the              
          database), as recited by claim 1."  There is no basis in the                
          disclosed invention merely that the read identifiers would                  
          determine the age of any oldest active transaction per se other             
          than a read transaction using the read identifiers set forth                
          earlier in claim 1.  The invention is always disclosed in the               
          context of determining the age of an oldest active reading                  
          transaction as noted at specification page 7, lines 26-27;                  
          page 9, lines 13-16; page 10, lines 9-12; the showing in Figure 6           




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