Ex parte IRVIN R. STRAUSS, et al. - Page 2




          Appeal No. 96-1534                                                          
          Application 07/888,991                                                      


          from the examiner's rejection of claims 25-30, which constitute             
          all the claims remaining in the application.                                
          The claimed invention pertains to a method for optimizing                   
          the access of information stored in a database file.                        
          Representative claim 28 is reproduced as follows:                           
          28.  A method for optimizing the access of information                      
          stored in a database file, the method comprising:                           
          (a) entering a query condition; and                                         
          (b) accessing the specified information by any one of:                      
          (1) referencing an index if one satisfying the query                        
          condition exists or can be created;                                         
          (2) referencing an index if one defining a range of                         
          records exists or can be created; and                                       
          (3) filtering records not meeting the condition as they                     
          are accessed if (1) and (2) are not possible, or if the database            
          file is below a pre-selected size.                                          
          The examiner relies on the following references:                            
          Kuechler et al. (Kuechler)      4,811,199        Mar. 07, 1989              
          Li et al. (Li)                  5,265,246        Nov. 23, 1993              
          (effectively filed Dec. 10, 1990)                                           
          Claims 28-30 stand rejected under 35 U.S.C. § 102(e) as                     
          being anticipated by the disclosure of Li.  Claims 25-30 stand              
          rejected under 35 U.S.C. § 103 as being unpatentable over the               
          teachings of Kuechler.  In the examiner’s answer a new ground of            
          rejection was entered against claims 25-30 under 35 U.S.C.                  
          § 102(b) as being anticipated by the disclosure of Kuechler.                
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