Ex parte BUTLER et al. - Page 6




          Appeal No. 2000-0935                                                        
          Application 08/567,447                                                      

          appeal brief that the term “abstract” as used in the context                
          of Spencer is not the same as the term “abstract” as used in                
          the context of their rejected claims.  The applicants state                 
          (Br. at 7-8):                                                               
                    Spencer provides for an informational                             
                    retrieval system written in some type of                          
                    programming language such as an object-                           
                    oriented language like C++.  When Spencer                         
                    discusses an abstract class, it does so in                        
                    the computer science sense to mean a set of                       
                    objects that share a common structure and                         
                    behavior.  Certain classes, like abstract                         
                    classes can be used to derive new classes.                        
                    For example, Spencer indicates “QueryNode                         
                    203 class is an abstract class from which                         
                    specific QueryNode subclasses can be                              
                    derived.”  Spencer, column 6, lines 7-9.                          
                    Also, Spencer states “Because the QueryNode                       
                    203 class is an abstract class, it provides                       
                    the basis of the extensible query                                 
                    architecture by allowing the applications                         
                    programmer to implement new query models                          
                    specifically designed to meet the search                          
                    needs of the user, or the database                                
                    environment by deriving new NodeCreator 201                       
                    .x and QueryNode 203 .x classes from the                          
                    respective base classes.”  Spencer, column                        
                    6, lines 12-21.  Indeed, in the abstract of                       
                    Spencer, the line quoted by the Examiner                          
                    and the next line together state “The query                       
                    architecture is based on an abstract base                         
                    class of query nodes, or code objects that                        

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