Ex Parte PHOENIX et al - Page 8



          Appeal No. 2003-0032                                                         
          Application No. 09/193,966                                                   
               Transactions do not lock those records which they only                  
               relocate from one page to another during operations like DR,            
               FC, FE, IR and UR.                                                      
                                                                                      
          Thus, the evidence provided by the Examiner fails to motivate the            
          skilled artisan to combine the prior art and lock a range of data            
          between the original location and the updated location when the              
          update changes the location of the record and at best, may even              
          teach away from such combination.                                            
               In view of our analysis above, we find that the Examiner has            
          failed to set forth a prima facie case of obviousness with                   
          respect to claims 1, as well as claims 22, and 43, which recite              
          similar features.  Accordingly, we do not sustain the 35 U.S.C.              
          § 103 rejection of claims 1-4, 22-25 and 43-46 over Mohan and                
          Lomet.                                                                       
               With respect to the rejections of the remaining claims, the             
          Examiner further relies on Friske for pausing step, on Graefe for            
          locations on different pages, on Kodavilla for partitioning and              
          on Vicik for degrees of concurrency (Office action, pages 4-13).             
          However, neither of these references overcomes the above                     
          discussed deficiencies of the combination of Mohan and Lomet.                
          Therefore, the 35 U.S.C. § 103 rejection of claims 6-21, 27-42               
          and 48-63 cannot be sustained.                                               


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