Appeal No. 2002-1506
Application 09/219,934
reading data from a data store, but not writing data to a data
store. Appellants argue that the claimed phrase “transferring
the data to and from the data store in response to methods
invoked in the at least one client adapter by the client
application” requires that data be written into the data store as
well as read from the data store [brief, pages 5-9]. The
examiner responds that the phrase quoted from claim 1 above does
not necessarily encompass a writing capability. The examiner
finds that the phrase is broad enough to include the mere
querying of the data store [answer, pages 7-8].
We will not sustain the examiner’s rejection of
independent claims 1, 6, 12 and 18. We agree with appellants
that to transfer data from one location to another location
should be construed to mean that the data of the one location is
written into the another location as argued. The examiner’s
position would mean that the mere querying of a data store as to
whether it contained some specific data would constitute a
transfer of that specific data to the memory. We agree with
appellants that the artisan would not consider such a query of a
data store to constitute a transfer of any data to the data
store. Therefore, we find that the examiner’s interpretation of
the claims on appeal is incorrect. Since each of the claims on
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