Ex Parte HALL, JR. - Page 5




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

                  indexes and existing indexes, to evaluate both types of indexes in evaluating index                                                         
                  configurations to select index configuration 302.  Col. 9, ll. 4-17.  Index selection tool                                                  
                  300 (by means of cost evaluation tool 320) also may invoke query optimizer 240 to                                                           
                  obtain a cost of each query of workload 304 for each candidate index configuration.                                                         
                  Query optimizer 240 estimates a cost and delivers an execution plan 241 (Fig. 3),                                                           
                  comprising the cost estimate, for use by index selection tool 300.  Col. 11, l. 62 - col. 12,                                               
                  l. 3.                                                                                                                                       
                           In each instance -- obtaining information by means of what-if index creation tool                                                  
                  236 and obtaining information by means of query optimizer 240 -- the index advisor                                                          
                  invokes a stored procedure in the remote database management system in order to                                                             
                  obtain information for the index configuration.                                                                                             
                           For a prior art reference to anticipate in terms of 35 U.S.C. § 102, every element                                                 
                  of the claimed invention must be identically shown in a single reference, but this is not                                                   
                  an “ipsissimis verbis” test.  In re Bond, 910 F.2d 831, 832, 15 USPQ2d 1566, 1567                                                           
                  (Fed. Cir. 1990).  Chaudhuri uses the word “invoke” in describing the invention, but                                                        
                  does not use the word “procedure.”  We agree with the examiner, and appellant does                                                          
                  not argue to the contrary (e.g., Brief at 6), that a “stored procedure” may refer simply to                                                 
                  a program module or computer-executable instruction that is stored for execution.  The                                                      
                  term “stored procedure” thus may refer simply to a portion of element 236 or 240 of the                                                     
                  reference.                                                                                                                                  


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