Appeal No. 1996-3089
Application No. 08/006,860
F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA 1966).
The Examiner has provided no evidence to indicate
the text retrieval system of claim 9 would specifically,
inherently or obviously incorporate a tree search structure,
and has not
established a prima facie case. Thus we will not sustain the
35 U.S.C. § 103 rejection of claim 9.
In view of the foregoing, the decision of the
Examiner rejecting claims 1 through 5, 7 and 8 under 35 U.S.C.
§ 103 is affirmed; however, the decision of the Examiner
rejecting claim 9 under 35 U.S.C. § 103 is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
James D. Thomas )
Administrative Patent Judge )
)
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