Ex parte CARLSON - Page 7




          Appeal No. 1999-1557                                                        
          Application 08/650,397                                                      



                    system operation.  However, claim 6 is                            
                    specific in limiting the "concurrent                              
                    recovery means" to the function of                                
                    "recreating said redundant database                               
                    concurrently with continuing operation of                         
                    said active database system means."  It is                        
                    clear with reference to the specification                         
                    of this application that "recreating said                         
                    redundant database" involves a manifold                           
                    operation that not only copies, but updates                       
                    database contents in the database being                           
                    recreated during operation of the active                          
                    database system.  All Naito does is "copy"                        
                    a down file . . . .  [A] "down file" is                           
                    not, without judicial notice or citation                          
                    . . . a "redundant database."                                     
                    Brief at pages 5-6.                                               
          The Examiner responds that although Naito calls his system a                
          file backup system, it contains many of the features that                   
          belong to a database and not to a file management system.                   
          Examiner’s Answer at page 8.  Therefore, Examiner concludes                 
          that Naito contains a database system even if it does not                   
          specifically call it a database system.  Examiner’s Answer at               
          page 8.  The Examiner further states:                                       
                    Naito teaches a system with records and a                         
                    backup with records . . . .  One of skill                         
                    in the art would recognize that the rows                          
                    are records and the Goods code is a record                        
                    number or unique record identification key                        
                    . . . . [Naito] [i]n col. 4, lines 44-65                          
                    shows that the goods code is used to query                        
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