Ex Parte LIEUWEN et al - Page 4



          Appeal No. 2003-1062                                                        
          Application No. 09/004,265                                                  

          basis supported by a teaching in a prior art reference or shown             
          to be common knowledge of unquestionable demonstration.  Our                
          reviewing court requires this evidence in order to establish a              
          prima facie case.  In re Piasecki, 745 F.2d 1468, 1471-72, 223              
          USPQ 785, 787-88 (Fed. Cir. 1984).  The examiner must not only              
          identify the elements in the prior art or that knowledge                    
          generally available to one of ordinary skill in the art would               
          lead the individual to combine the relevant teachings of the                
          references.  In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598           
          (Fed. Cir. 1988).                                                           
               It is the examiner’s position that IBM discloses a database            
          with triples (tuples).  The examiner notes that IBM does not                
          specifically teach “views” of a database, but the examiner relies           
          on Colby for a teaching of a materialized view of databases                 
          associated with data warehouses (Colby, p. 469, abstract),                  
          concluding that it would have been obvious “to apply Colby to               
          IBM, because of Colby’s taught advantage of database views,                 
          providing a user of IBM a way to visualize results from users               
          concurrently accessing said triples” (answer-page 4).                       
               The examiner also notes that IBM does not specifically teach           
          a “read-lock-request” but that this would have been obvious                 
          “because IBM’s teaching of database locks for deadlock prevention           
                                         -4–                                          




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