Ex Parte HALL, JR. - Page 3




              Appeal No. 2004-0076                                                                                            
              Application No. 09/477,463                                                                                      

                      Claims 4, 12, and 20 stand rejected under 35 U.S.C. § 103 as being                                      
              unpatentable over Chaudhuri and Bird.                                                                           
                      Claims 5-8, 13-16, and 21-24 are objected to, but allowable if rewritten in                             
              independent form.                                                                                               
                      We refer to the Final Rejection (Paper No. 6) and the Examiner’s Answer (Paper                          
              No. 12)1 for a statement of the examiner’s position and to the Brief (Paper No. 11), the                        
              Reply Brief (Paper No. 13), and the Supplemental Reply Brief (Paper No. 16) for                                 
              appellant’s position with respect to the claims which stand rejected.                                           


                                                         OPINION                                                              
                      Appellant contends that the rejected claims stand or fall together.  We select                          
              claim 1 as representative in our review of the Section 102 rejection over Chaudhuri.                            
              See 37 CFR § 1.192(c)(7).                                                                                       
                      Chaudhuri discloses (Fig. 2) a database 210, a database server 220, and an                              
              index selection tool 300.  Database server 220 processes queries to manipulate data in                          
              database 210.  Database server 220 comprises a storage engine 230 for accessing                                 
              data in database 210, and a query optimizer 240 that uses indexes of a selected index                           
              configuration 302 to more efficiently access data in database 210.  Index selection tool                        


                      1 The examiner mailed a later Answer (Paper No. 15), to which appellant responded with a                
              supplemental reply brief.  The rejections and responsive arguments in papers 12 and 15 appear not to            
              differ in substance.                                                                                            
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