Ex Parte HALL, JR. - Page 4




              Appeal No. 2004-0076                                                                                            
              Application No. 09/477,463                                                                                      

              300 selects index configuration 302 for use by database server 220 in accordance with                           
              a workload 304, a database schema 306, and query optimizer 240 of database server                               
              220.  Index selection tool 300 attempts to select an effective set of indexes for index                         
              configuration 302 to help minimize the cost of executing workload 304 against database                          
              210.  The effectiveness of a given index configuration may be based on cost estimates                           
              as determined by query optimizer 240 to execute queries of workload 304 against                                 
              database 210 using the index configuration.  Col. 6. l. 30 - col. 7, l. 27.                                     
                      Appellant argues that Chaudhuri fails to teach or suggest the following language                        
              found in the final clause of claim 1: “the index advisor invokes a stored procedure in the                      
              remote database management system in order to obtain information for the index                                  
              configuration.”                                                                                                 
                      Appellant submits that “what-if creation tool 236” is part of the “index selection                      
              tool 300” of the reference, and thus cannot be a stored procedure invoked by the index                          
              advisor.  (Brief at 6-7.)  We disagree that “what-if creation tool 236” is part of “index                       
              selection tool 300.”  Chaudhuri discloses, as clearly shown in Figure 3, that “what-if                          
              creation tool 236” resides in database server 220, rather than forming a part of index                          
              selection tool 300.  Further, as described at column 9, line 18 through column 10, line                         
              33 of the reference, and as shown in Figure 4, what-if index creation tool 236, at the                          
              behest of index selection tool 300, gathers statistical information for cost estimates.                         
                      Further, index selection tool 300 may also invoke query optimizer 240 in a design                       
              mode such that query optimizer 240 generates execution plans over both what-if                                  
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