Ex Parte BERSTIS - Page 4




          Appeal No. 2002-0614                                                         
          Application No. 08/976,888                                                   

               Appellant argues that the teachings of Walls relate to a                
          storage data structure built by an index builder which provide               
          for a system and method for indexing information stored in one or            
          more sources of information such as a database (brief, page 5).              
          Appellant points out that Walls merely discloses a continuous                
          indexer (col. 3, lines 50-55) that is configured to search one or            
          more files in order to provide the user with a continuously                  
          updated index of information contained within the file system                
          (id.).                                                                       
               In response to Appellant’s arguments, the Examiner asserts              
          that “Walls teaches the same functionality of generating a file              
          system from the remote data processing and then storing the                  
          retrieved file in the local memory” (answer, page 3).  The                   
          Examiner further relies on one of the field names listed in table            
          1 of Walls (col. 17, lines 40-49) and asserts that examining the             
          “Remote Location” field of the file that contains a binary                   
          indicator determines if the first type of the file is a local or             
          remote while the feature of evaluating the command is inherent in            
          the system (answer, page 4).                                                 
               A rejection for anticipation under section 102 requires that            
          each and every limitation of the claimed invention be disclosed              
          in a single prior art reference.  In re Paulsen, 30 F.3d 1475,               
          1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).  See also Atlas              
                                          4                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007