Ex parte BROSDA et al. - Page 6




          Appeal No. 95-2429                                                          
          Application No. 07/916,770                                                  


          hierarchy and label sequences for data structures of a dictionary           
          entry would not have been obvious over the teachings of Simonetti           
          because the components of a dictionary entry are not hierarchical           
          by nature [brief, page 4].  Appellants also argue that Simonetti            
          does not teach that some of the data segments collectively form a           
          word definition as recited in claim 1.                                      
          The examiner has responded that the hierarchy that exists                   
          between streets, cities and states in Simonetti is just as                  
          natural as the hierarchy between the letters in the English                 
          alphabet and the alphabetical arrangement of words in a                     
          dictionary.  Additionally, the examiner argues that “the                    
          hierarchy recited in the claims in question lacks adequate                  
          structure to distinguish over the prior art” [answer, page 4].              
          The examiner also asserts that the collection of data segments to           
          form a word definition has not been given patentable weight                 
          because the phrase is simply a functional recitation without                
          supporting structure.                                                       
          We must first consider the examiner’s implicit position                     
          that the recitation of specific data structures and labels cannot           
          be used to structurally distinguish one database search system              




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