Appeal No. 96-1534
Application 07/888,991
database at all in accessing records in response to a search
query. Kuechler also does not teach the steps of creating and
referencing an index in response to a query as recited in
substeps (b)(5) and (b)(6). The topological maps or indexes of
Kuechler are predefined before a query is made. Thus, while
Kuechler will use an available index if it exists, Kuechler does
not create an index in response to the query. Therefore, we
agree with appellants that Kuechler provides no suggestion for
the conditions recited in substeps (b)(4)-(b)(7). Accordingly,
we do not sustain the Section 103 rejection of claims 25-27.
Independent claim 28 also recites the step of filtering
records as they are accessed if the database file is below a pre-
selected size. As we noted above, this conditional step is not
suggested anywhere in Kuechler. The examiner’s mere conclusion
that it would be obvious as a default condition is not supported
by the record in this case. Therefore, we also do not sustain
the Section 103 rejection of claims 28-30.
In summary, we have not sustained any of the examiner’s
rejections. Therefore, the decision of the examiner rejecting
claims 25-30 is reversed.
REVERSED
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