Ex Parte Nakamura et al - Page 6




               Appeal No. 2004-2258                                                                                                    
               Application 10/145,543                                                                                                  

               teaches an in-memory database table because column 9, lines 58-67, of Pereira places                                    
               no constraint that the mapping table be stored in the form of a database table in                                       
               memory, expressly indicating that the mapping table can be stored as a table on a file                                  
               system, “which teaches away from the step of ‘locating the data in an in-memory                                         
               database table’...Pereira cannot guarantee that data to be retrieved [from the mapping                                  
               table] in response to a search request is located in an in-memory database table, i.e.,                                 
               database table in a memory.  The use of mapping tables, which might reside in a                                         
               memory, does not correspond to storing real portions of a database in memory”                                           
               (principal brief-page 13).                                                                                              
                       The examiner’s response is that a “table that may be stored in the DBMS is                                      
               clearly a database table.  Likewise, Pereira teaches that the table may also be stored in                               
               memory.  Claims 24 [sic, 25], 34, and 43 do not claim persistent storage of the table in                                
               memory.  For these reasons, the Pereira [sic] teaches ‘...an in-memory database                                         
               table...’ at col.  9, lines 62-66...” (answer-page 14).                                                                 
                       We have reviewed the evidence before us and, while we view the instant                                          
               independent claims as rather broad in scope, we only determine the propriety of the                                     
               examiner’s rejection                                                                                                    
               and not the patentbility of the instant claimed subject matter.                                                         
                       It is clear, from the examiner’s explanation, that the examiner relies only on the                              
               Pereira reference for a teaching of the claimed “in-memory database table,” specifically                                
               referring to column 9, lines 62-66.  Our study of this cited portion of Pereira shows only                              
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