Ex Parte Burns et al - Page 5



          Appeal No. 2003-1770                                                        
          Application No. 09/526,155                                                  

          in the list structure 46, not that it is optionally included in             
          the Frey et al. invention."  We agree with appellants.                      
               Frey discloses (column 8, lines 15-19) that the message                
          processor includes several storage structures including list                
          structures 46 and 47 and cache structures 45 and 48.  Further,              
          Frey discloses (column 8, lines 34-40) that data objects are                
          organized in tables or lists, and that they may reside in any of            
          the storage locations.  Thus, a particular table might be located           
          in list structure 46 or in list structure 47 or even in one of              
          the cache structures.                                                       
               Frey states (column 10, lines 67-68) that the contents of              
          one list structure 46 are shown in Figure 6.  As shown in Figure            
          6 list structure 46 includes a lock table.  The portion                     
          referenced by the examiner (column 11, lines 3-6) reads:                    
                    The list structure 46 comprises list-structure                    
               controls 66, user controls 67, and, optionally, a lock                 
               table 68, and/or a list set 70 with list controls 69                   
               and list-entry controls 71.                                            
          This passage merely lists what may be in list structure 46, not             
          what is in the invention as a whole.  The passage suggests that             
          the lock table could be somewhere other than list structure 46,             
          such as in another list structure or in one of the cache                    
          structures (as suggested by the portions referenced supra).                 
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