Appeal No. 96-4026
Application 07/781,564
Turning now to independent claim 13, this claim calls for an
“analyzer generator” for performing recited functions as well as
“the specification has the property that any method indicated
thereby can be completed in a length of time which is a
polynomial function of the size of the parse tree.”
With regard to the “polynomial function” limitation, the
examiner takes the position that “the required time will always
be proportional to the size of the tree. Therefore, such a
property is inherent to the applied reference” [answer, page 6].
This is clearly inaccurate. As recited at page 10 of the instant
specification, some lists may be constructed which are
“exponential in the size of a parse tree.” Since it is possible
to write queries whose execution time can be exponential in the
size of the parse tree, clearly the examiner’s reasoning that
completing a method in a length of time which is a polynomial
function of the size of the parse tree is “inherent” is in error.
That being the case, the examiner has not shown that Chan
discloses each and every element of the claim as well as the
claimed functions, i.e., that the length of time is a polynomial
function of the size of the parse tree. Accordingly, Chan cannot
anticipate the subject matter of claim 13.
Moreover, claim 13 calls for a specification which is
received by an analyzer generator and indicates a method whereby
information may be obtained from the parse tree. Again, we agree
with appellant, at page 8 of the brief, that “there is absolutely
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Last modified: November 3, 2007