Appeal No. 2004-0076 Application No. 09/477,463 Finally, in response to appellant’s allegation that Chaudhuri fails to disclose “a stored procedure that obtains index information,” (Brief at 7), we remind appellant that the invention that is claimed relates to an index advisor invoking a stored procedure in order to obtain information for the index configuration, rather than a stored procedure that obtains index information. Turning to the Section 103 rejection, representative claim 4 adds the limitation that the SQL statements2 of the workload are obtained from a cache maintained by the remote database management system. The examiner submits Bird as evidence of the well-known advantages of cache memory, and specifically the advantages of cache memory for SQL statements in a relational database management system. Appellant relies on the position that Bird fails to remedy the alleged deficiencies of Chaudhuri. (Brief at 7.) The examiner has thus set forth a reasonable case for showing prima facie obviousness of the subject matter of instant claim 4, which remains unrebutted by appellant. In view of the foregoing we sustain the rejection of claims 1-3, 9-11, and 17-19 under 35 U.S.C. § 102 as being anticipated by Chaudhuri and the rejection of claims 4, 12, and 20 under 35 U.S.C. § 103 as being unpatentable over Chaudhuri and Bird. 2 We observe in passing that the claim 4 recitation of “the SQL statements” lacks proper antecedent, as earlier claim 3 sets forth “at least one” SQL statement (i.e., not necessarily a plurality of statements). -6-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007