Appeal No. 2002-1758
Application No. 09/121,791
sibling nodes, which is what the “same level” language in the instant claims concerns. Since Roy
is not concerned with preserving concurrent access by creating an entry in the existing page
which
points to the new page in the manner described in the instant claims, it is not clear to us how any
modification by Ishak would result in the claimed subject matter wherein the allocation of a new
page is at the same level as the existing page.
The examiner has not convinced us that the combination of Roy and Ishak presents
substantial evidence adequate for holding the instant claimed subject matter obvious in
accordance with 35 U.S.C. §103.
Accordingly, the examiner’s decision rejecting claims 1-30 under 35 U.S.C. §103 is
reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
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JOSEPH L. DIXON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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