Ex parte KRISTOFF et al. - Page 4




              Appeal No. 1997-0921                                                                                          
              Application 08/038,577                                                                                        

              in method claim 1 on appeal except for the last or generating clause.  In any case, all                       
              claims on appeal relate the body of the claim to the preamble.  That is to say, the plurality                 
              of process steps to form a sequence of steps in the preamble of each of the three                             
              independent claims on appeal directly are related to and recited in the body of the claims                    
              in more specific manners in the context of a database and the sequencing of the steps                         
              associated therewith to generate the process steps ultimately "to operate a machine" as                       
              set forth in the preamble.                                                                                    
                     A study of the written specification and the Figures reveals that they are less                        
              integrated and explained as we would prefer to see.  What is significant to us, however, is                   
              that the specification is written from the perspective of an artisan as defined earlier at a                  
              relatively high level of understanding or abstraction.  This, we believe, the examiner has not                
              appreciated in reaching the decision to reject the claims on appeal under two bases of 35                     
              U.S.C. § 112.  The specification is written from the perspective of an object oriented                        
              database or OODB and from the further perspective of disclosing a generic manner in                           
              which changes to a methodology of sequencing the various steps of manufacturing in                            
              producing a product may be explained.  A broadly depicted OODB management system is                           
              shown in Figure 3 where the claimed machine to be controlled and the sequence of steps                        
              listed to control it are shown to be embodied in the machine processor 610 of Figure 4.                       
              With respect to the claimed pointer, it is noted originally at page 3 of the specification that               
              an object may comprise only a set of pointers to data in the context of an OODB; it is also                   

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