Ex Parte PETCULESCU et al - Page 4



          Appeal No. 2003-1160                                                        
          Application 09/418,705                                                      

               The examiner argues that “[i]t would have been obvious to              
          one of ordinary skill in the art of data processing, at the time            
          the present invention was made to modify Malloy’s system, wherein           
          the multidimensional database, provided thereof (see Malloy’s               
          fig. 2) would incorporate the use of receiving a specification of           
          a set of objects to cache and inserting the set of objects into             
          the database cache in the same conventional manner as suggested             
          by Pouschine” (answer, page 5).  Pouschine discloses the                    
          conventional manner of inserting objects into a database cache.             
          In Pouschine’s system, however, the determination of which                  
          objects are cached is made by the computer, whereas the                     
          appellants’ claims require receiving a user-generated                       
          specification of a set of objects to cache.  The examiner has not           
          established that the applied references disclose this claim                 
          feature or would have fairly suggested it to one of ordinary                
          skill in the art.                                                           
               We therefore conclude that the examiner has not carried the            
          burden of establishing a prima facie case of obviousness of the             
          appellants’ claimed invention.                                              




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