Ex Parte SIPPLE et al - Page 2




          Appeal No. 1996-3701                                                        
          Application 08/076,587                                                      


          Appellants argue that the Board has not correctly                           
          interpreted the feature of claim 13, namely, “a data base dump              
          facility coupled to said transaction processing system for                  
          storing said data base in response to a filling of said audit               
          trail storage area.”  (Emphasis added).  Appellants assert that             
          the misinterpretation of this feature and the resulting finding             
          that “an artisan, looking at APA, would have found it obvious to            
          dump the contents of the audit trail storage area 24 into the               
          dump tapes 50 in response to when said storage 24 gets filled up,           
          instead of doing the dumping periodically” is not dispositive of            
          claim 13.  [Request for Rehearing, pages 2 and 3].  Appellants              
          argue that this is grounds for reversing our decision with                  
          respect to claim 13.                                                        
          We have reviewed our decision of September 17, 1999 in light                
          of Appellants' arguments in the request for rehearing.  We agree            
          with Appellants that the above finding in regard to claim 13 is             
          erroneous.  We, therefore, reverse our prior decision as to claim           
          13 for the reasons which follow.                                            
               We agree with Appellants that APA does not show or suggest             
          the dumping of the data base from storage areas (16, 18, 20 and             
          22) in response to any condition of the audit trail storage area            
          (24), much less the filling of the audit trail storage area as              

                                         -2-                                          





Page:  Previous  1  2  3  4  Next 

Last modified: November 3, 2007