Ex Parte HALL, JR. - Page 6




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

                      Finally, in response to appellant’s allegation that Chaudhuri fails to disclose “a                      
              stored procedure that obtains index information,” (Brief at 7), we remind appellant that                        
              the invention that is claimed relates to an index advisor invoking a stored procedure in                        
              order to obtain information for the index configuration, rather than a stored procedure                         
              that obtains index information.                                                                                 
                      Turning to the Section 103 rejection, representative claim 4 adds the limitation                        
              that the SQL statements2 of the workload are obtained from a cache maintained by the                            
              remote database management system.  The examiner submits Bird as evidence of the                                
              well-known advantages of cache memory, and specifically the advantages of cache                                 
              memory for SQL statements in a relational database management system.  Appellant                                
              relies on the position that Bird fails to remedy the alleged deficiencies of Chaudhuri.                         
              (Brief at 7.)  The examiner has thus set forth a reasonable case for showing prima facie                        
              obviousness of the subject matter of instant claim 4, which remains unrebutted by                               
              appellant.                                                                                                      
                      In view of the foregoing we sustain the rejection of claims 1-3, 9-11, and 17-19                        
              under 35 U.S.C. § 102 as being anticipated by Chaudhuri and the rejection of claims 4,                          
              12, and 20 under 35 U.S.C. § 103 as being unpatentable over Chaudhuri and Bird.                                 




                      2 We observe in passing that the claim 4 recitation of “the SQL statements” lacks proper                
              antecedent, as earlier claim 3 sets forth “at least one” SQL statement (i.e., not necessarily a plurality of    
              statements).                                                                                                    
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