Ex Parte Nakamura et al - Page 6



          Appeal No. 2004-2245                                                        
          Application No. 10/145,544                                                  

          use of file headers (column 5, lines 34-37), and concludes that             
          it would have been obvious to combine Shaughnessy with the                  
          Hull/Judd combination, since they all “teach the use of databases           
          with tables, the use of indexes, the use of queries, and the                
          retrieving of data” (answer-page 5).                                        
               The examiner recognizes that the Hull/Judd/Shaughnessy                 
          combination does not teach the use of in-memory database tables,            
          but turns to Pereira for such a teaching at column 9,                       
          lines 60-66, and concludes that it would have been obvious to               
          make the combination with the other references since they all               
          “teach the use of databases with tables, the use of indexes, and            
          the retrieving of data” (answer-page 6).                                    
               We have reviewed the evidence before us, including, inter              
          alia, the arguments of appellants and the examiner, and we                  
          conclude therefrom that the examiner has not presented a prima              
          facie case of obviousness with regard to the instant claimed                
          subject matter.                                                             
               Accordingly, we will not sustain the rejection of claims 52-           
          60, and 76-81 under 35 U.S.C. § 103.                                        
               While the number of references applied in a rejection may,             
          theoretically, be infinite, if applied in a proper manner, the              
          examiner’s use of four references in the instant rejection of the           
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