Appeal 2007-0559
Application 10/037,659
system is “the system that includes the hardware that performs the action of
storing data; the instructions, software, or programs running on the hardware that
cause it to perform the action of storing data; and the hardware that actually does
the data storing” (Advisory Action, at 2) (Emphasis in original). Per the
Examiner’s view, if the Association 60 is stored on the same computer system as
that on which the database program is implemented then it is by definition stored
in the database, and invoked from within the database. The Examiner states
(Answer, Section 10(c)): “Since the associations used by the program in Drexler
reference can be found ‘in memory files such as those on a floppy diskette, on the
computers hard drive, or a network hard drive’ (see Drexler paragraph 0041), these
associations being part of the import program are part of the database and are
stored in the database.” The rationale is insensible, illogical, and plainly incorrect.
It is wholly unreasonable to regard all parts of a computer system as the database,
where the database is but merely one of many programs implemented on the
computer. The Examiner’s position not just blurs but eliminates all distinctions
among separate programs implemented on one computer system or server.
In any event, we have determined that the claim limitations are such that the
query language of the database must support direct access to the table function or
the invocation mechanism, as the case may be. The Examiner has not
demonstrated that that is the case with Drexler’s system. The Examiner has shown
no basis to regard Email to Database Import Utility Program 40 of Drexler, which
makes use of Association 60, as sharing a query language with database 80. We
have been shown no proper reason to regard database 80 as including the Email to
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