Ex Parte BERSTIS - Page 5




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

          Powder Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943,               
          1947 (Fed. Cir. 1999).                                                       
               We observe that Walls relates to a system and method for                
          comprehensively and continuously indexing information stored in              
          one or more sources of information such as a data base (col. 3,              
          lines 48-50) by using descriptive indexing elements such as                  
          titles of files or keywords (col. 4, lines 37-40).  The portion              
          of table 1 relied on by the Examiner (col. 17, lines 40-49)                  
          actually describes the location of a file that is to be indexed.             
          However, Walls neither discloses nor suggests using any means for            
          evaluating the received command to determine a first type of a               
          the first file which may indicate that the first file to be                  
          retrieved is stored outside the local data processing.  In that              
          regard, Walls merely refers to generator 234 which inserts                   
          pointers in storage data structure so that records in storage                
          data structure are associated with each other by their primary               
          keywords (col. 19, lines 24-28) and, in fact, shows that the                 
          location where the file is stored is already known and the access            
          command need not be evaluated.                                               
               We disagree with the Examiner that the feature of evaluating            
          the received command to determine the first type of the first                
          file is inherent in the system since Walls provides for a “Remote            
          Location” field for indexing data (answer, page 4).  Although                
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