Ex Parte APACIBLE et al - Page 5




          Appeal No. 2002-2297                                                        
          Application No. 08/980,585                                                  


          of complying with the burden of presenting a prima facie case of            
          obviousness.  Note In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d            
          1443, 1444 (Fed. Cir. 1992).                                                
               With respect to the Examiner’s 35 U.S.C. § 103(a) rejection            
          of appealed independent claims 1, 5, and 11, Appellants assert              
          that the Examiner has failed to establish a prima facie case of             
          obviousness since all of the claimed limitations are not taught             
          or suggested by the applied Abraham reference.  In particular,              
          Appellants contend (Brief, pages 13 and 14) that the Examiner has           
          not pointed to anything in the disclosure of Abraham that would             
          correspond to the presently claimed logging modules which are               
          designated by a system administrator to selectively log data in             
          accordance with independent criteria.                                       
               After reviewing the arguments of record from Appellants and            
          the Examiner, we are in general agreement with Appellants’                  
          position as stated in the Briefs.  Our interpretation of the                
          disclosure of Abraham coincides with that of Appellants, i.e., we           
          find no basis for the Examiner’s conclusion that the database               
          tables illustrated in Abraham’s Figures 9A-9D and 25A-25B                   
          correspond to the claimed logging modules.  As asserted by                  
          Appellants, there is no indication in the disclosure of Abraham             
          that these database tables are designated by an administrator to            

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007