Ex Parte SULLIVAN - Page 8




              Appeal No. 2000-0190                                                                                        
              Application No. 08/784,224                                                                                  


              above definitions to further evidence the use of indices, and we disagree with appellant                    
              that the examiner has relied upon improper hindsight in reconstructing the claimed                          
              invention.                                                                                                  
                     Appellant argues that the examiner fails to appreciate the difference between an                     
              index that identifies existing information as compared with status information that                         
              indicates the availability of knowledge items.  (See reply brief at page 4.)  We disagree                   
              with appellant, whereas if an item exists, then it would be available and that status                       
              would be conveyed.  Additionally, with respect to the accessing of the information the                      
              location information would convey a status as to availability as discussed above.                           
              Therefore, this argument is not persuasive.                                                                 
                     Appellant argues that Oku does not disclose generating a request for knowledge                       
              items if the status information indicates availability.  (See brief at page 8.)  We disagree                
              with appellant.  Oku teaches that the client requests to the server and the server                          
              submits a request for the search.                                                                           
                     Appellant argues that Oku teaches away from using databases in its organization                      
              activity management other than those constructed by the data modeling technique.                            
              (See brief at page 8.)  We disagree with appellant since appellant’s argument does not                      
              address the examiner’s arguments.  " 'A reference may be said to teach away when a                          





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