Appeal No. 2002-2205
Application 09/220,291
well as read from the data store [brief, pages 5-8]. 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 6-7].
We will not sustain the examiner’s rejection of
independent claim 1. We agree with appellants that to transfer
data from one location to another location, as described in
appellants’ specification, 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 appeal recites that data is
transferred to and from the data store, which requires that data
be written into the data store, and since Mullins does not write
data into the data store as recited in the claims, we do not
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