Appeal No. 2001-1934
Application 08/977,749
or symbolic expressions for the program input variables and
program statements as claimed.
On the other hand, we are mindful of the examiner's
positions at pages 11-13 of the answer, but we are unpersuaded by
them. It is problematic to us in the statement of the examiner
in the sentence bridging pages 11-12 of the answer that "[s]ince
it is known in the data structure art that most variables and
structures can be identified by names assigned to them, the
selection of variables and translation of structures as taught by
Kolawa involve the manipulation of names as well." Additionally,
the paragraph bridging pages 12 and 13 indicates the examiner's
view that "[a]lthough Kolawa's Heuristic rules are concentrated
toward selection of inputs sets, the rule base is part of the
module which includes the indexing of the symbolic data,
including the data selected using said rules, for the purpose of
program execution." These views of the examiner appear to be
based upon conjecture or strained inferences which we are unable
to agree with. Although we recognize these views of the examiner
may have some merit in the art, they go well beyond the level and
quality of evidence provided in Kolawa alone to support the
conclusion asserted by the examiner that the recited feature of
property naming rules was taught by, suggested by, or otherwise
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