Ex parte SMILEY - Page 6




                  Appeal No. 1998-0427                                                                                                                          
                  Application No. 08/283,466                                                                                                                    


                  discloses a separate object that describes the relationships between data objects and attributes of data                                      

                  objects.  The examiner merely points to various elements in Crus’ drawings as corresponding to various                                        

                  claimed elements (Fig. 7, item 92 for the “fourth means,” Fig. 6, items 36, 42, 60, 64, 74 for the “fifth                                     

                  means,” and Fig. 7, item 91 for the “sixth and seventh means”) without any explanation as to why these                                        

                  elements correspond to the claimed elements.  As for combining the references, the examiner reasons                                           

                  that the system of Crus “would allow Heffernan’s to have direct control over the storage of data objects                                      

                  and attributes,” offering no explanation as to why direct control might have been desired or deemed                                           

                  necessary and offering no explanation as to the manner in which such a combination would, or could,                                           

                  even be made.                                                                                                                                 

                  Accordingly, the examiner has not established a prima facie case of obviousness with regard to                                                

                  claim 4.  We do not mean to imply that such a case could not have been made in view of the applied                                            

                  references, only that the examiner has not done so.                                                                                           














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