Ex Parte CORNWELL et al - Page 13




          Appeal No. 2001-1605                                                        
          Application 08/735,168                                                      


               Rejection of Claims 10, 16 and 30 under 35 U.S.C. § 103.               
               We note that claims 10, 16 and 30 recite the above                     
          limitations discussed above due to their dependencies.  We                  
          further note that the Examiner relies on Bireley for the above              
          limitations.  Furthermore, we find that Crus does not provide the           
          missing pieces.  Therefore, we will not sustain the rejection of            
          claims 10, 16 and 30 under 35 U.S.C. § 103 as being unpatentable            
          over Bireley in view of Crus.                                               
           Rejection of Claims 1, 5 through 7, 9, 21, 26, 27 and 29 under             
                   35 U.S.C. § 102 as being Anticipated by Bhide.                     
               Appellants argue that Bhide does not teach or suggest                  
          partitioning a table of a database into a plurality of partitions           
          receiving a request for the access of the table, determining the            
          partition that contains data, locking the partition in response             
          to the request and granting a request to the partition as recited           
          in Appellants’ claim.  In response, the Examiner maintains that             
          Bhide’s teaching of the locking of blocks reads on locking                  
          partitions as claimed.  See page 12 of Examiner’s answer.                   
               Appellants argue that Bhide’s teaching of locking blocks               
          can-not read on Appellants’ claims because a block denotes a unit           
          of physical storage and not a partition of a database table that            



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