Appeal No. 2002-1398
Application No. 08/572,474
Looking at independent claim 29, we agree with appellants
that this claim requires the same key to activate an object as
was returned as part of the object creation. This is clear from
the recitation that the instance manager “locate or activate an
object if said object request message includes an object key,
returned in response to object creation, and class.” Since the
object request message must include the object key that was
returned in response to object creation in order for the instance
manager to “locate or activate” the object, and the clear
implication in the claim language is that it is the same object
which was created that is being located or activated, we do not
agree with the examiner that this claim does not require the key
from the object creation to be the same key used for
finding/activating. The claim language, though it could be
clearer, does, in our view, require the same key.
Since the examiner has not provided persuasive evidence in
the references of returning a key as part of object creation and
thereafter using that key to find or activate, relying, instead,
on the position that this is not required by the claim language,
we will not sustain the rejection of instant claim 29, or of
claim 11, dependent thereon, under 35 U.S.C. §103.
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