Ex parte IRVIN R. STRAUSS, et al. - Page 10

          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.                                                   


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