Ex parte CARLSON - Page 13




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



                    could be run periodically to obtain current                       
                    reports.                                                          
                    We determine from this definition that “query” is a               
          database related instruction.  Having already established that              
          Naito does not teach a database, Naito could therefore not                  
          teach “queries” which is a database associated instruction.                 
          The claim requirement of “queries” further buttresses our                   
          conclusion that Naito fails to teach a database or database                 
          management system.                                                          
                    Because we do not find that Naito teaches a database              
          system, we reverse the Examiner’s rejection of claim 6 under                
          35 U.S.C. § 102 as anticipated by Naito.                                    
                    In rejecting claims under 35 U.S.C. § 103, the                    
          Examiner bears the initial burden of establishing a prima                   
          facie case of obviousness.  In re Oetiker, 977 F.2d 1443,                   
          1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  See also In re                
          Piasecki,  745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed Cir.                 
          1984).  The Examiner can satisfy this burden only by showing                
          some objective teaching in the prior art or that knowledge                  
          generally available to one of ordinary skill in the art would               


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