Ex Parte Burns et al - Page 6



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

               In addition, lines 7-20 of column 11 provide further details           
          of the lock table and the relationship between the list-structure           
          and the lock table, thereby supplying additional evidence that              
          Frey's invention includes a lock table.  Therefore, Frey fails to           
          teach the claimed determination of whether to grant a lock                  
          "without using a lock compatibility table."                                 
               We note that the examiner (Answer, pages 4-5) points to                
          column 8, lines 14-25, and column 14, lines 14-67, as evidence              
          that for evaluating lock requests, Frey's list structure "need              
          not use a lock table."  The examiner states (Answer, pages 4-5)             
          that "Frey discloses that in lieu of lock tables, local-vector              
          caches may be used for both local and global summary."  However,            
          we see nothing in Frey that suggests that the local-vector caches           
          are used "in lieu of lock tables."  As we have found nothing in             
          Frey that teaches or suggests determining whether to grant a lock           
          without using a lock compatibility table, Frey fails to                     
          anticipate claims 1 through 3 and 12.  Accordingly, we cannot               
          sustain the anticipation rejection of claims 1 through 3 and 12.            

                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 1 through 3              
          and 12 under 35 U.S.C. § 102(e) is reversed.                                
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