Ex Parte MACK - Page 5




          Appeal No. 2002-1767                                                        
          Application 09/362,530                                                      

          where the "first identification uniquely identifies the first               
          reference data record."  The examiner states (EA18):                        
               Beauchesne has shown (col. 2, lines 10-65, product table)              
               that each index entry has a reference key and a component              
               key wherein each of them uniquely identifying [sic,                    
               identifies] the record.  It is important to note that                  
               claim 1 does not require that the first and second field be            
               on the same record ("field for a first reference record").             
               The reference key and the component key described at                   
          column 2 clearly do not contain the same identification, so we do           
          not know what point the examiner intends to make.  We conclude              
          that the examiner's interpretation of a "first field for a first            
          reference data record" and a "second field for a first reference            
          data record" in claim 1 as not needing to be fields on the same             
          record is erroneous.  Even if the examiner was correct, the                 
          examiner has not shown two fields for the same record having the            
          same identification.  Moreover, the examiner does not deal with             
          the language of claims 15, 18, and 21.  We find no way that                 
          Beauchesne can anticipate claims 1 and 15.  Appellant's arguments           
          in the reply brief (RBr2-3) are also persuasive.  Although the              
          names are similar, the "pair of key values" in Beauchesne                   
          (col. 4, line 9) does not anticipate appellant's "paired keys"              
          (specification, p. 3, line 9).  The anticipation rejection of               
          claims 1, 3, 15-17, 23, and 27 is reversed.                                 
               Vijaykumar does not cure the deficiencies of Beauchesne with           
          respect to independent claims 1 and 15.  Independent claims 18              

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