Ex Parte RUDDY - Page 5




          Appeal No. 2002-1756                                                        
          Application No. 09/037,879                                                  


          devices but does not provide any information on the internal data           
          definitions within the database.  Appellant further argues that             
          Sherman discloses no more than what appellant admits as prior               
          art, i.e., log files for logging database changes and the use of            
          these log records for performing a “rollback” procedure.  Thus,             
          according to appellant, neither of the applied references                   
          discloses or suggests the regeneration of lost data definitions             
          from the log records in the data definition language so that the            
          database itself may be recreated, as is claimed by appellant.               
          This is more than a mere restoration of data as in the known                
          rollback instruction.                                                       
               We will not sustain the rejection of claims 1-31 under                 
          35 U.S.C. § 103 because the examiner has not established a prima            
          facie case of obviousness with regard to the instant claimed                
          subject matter.                                                             
               While the examiner has cited various portions of the applied           
          references, it is not clear to us how these cited portions are              
          being applied to the specific claim limitations.  For example,              
          the examiner cites column 4, lines 27-38 and Figure 7B of Boudrie           
          as evidence of “translating of the data definition information              
          into data definition instructions.” We find the word “translates”           
          in Figure 7B of the reference, but, other than that, we are                 


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