Ex Parte CHENG et al - Page 5




             Appeal No. 2004-0663                                                                                   
             Application No. 09/375,260                                                                             


             limitations set forth in independent claim 1.  Claim 1 recites “indicating, on the computer,           
             whether the change is a global change or a local change; and when the local database                   
             on the computer is synchronized with a main database on another computer,                              
             transmitting only global changes from the local database to the main database and not                  
             transmitting local changes.”  Appellants argue that Mendez does not teach indicating                   
             whether a change is a global or local change and using this indication as a condition to               
             transmitting the change to a main database.  (See brief at page 7.)  Appellants argue                  
             that while Mendez teaches local and global computers, all of the change data are                       
             transmitted and there is no indication of a local change which is not transmitted at the               
             time of synchronization.  (See brief at page 7.)  We agree with appellants.  From our                  
             review of the teachings of Mendez identified by the examiner, we find no clear or implicit             
             teaching of the claimed indication of local changes or global changes and use thereof in               
             the transmission to a main database.  The examiner maintains that columns 1, 2, 8, 9,                  
             11 and 12 of Mendez support transmission of global changes.  Additionally, the                         
             examiner contends that Mendez transmits less data by only transmitting the changes.                    
             (See final rejection pages 3-4, and answer at pages 4-5.)  While we agree that Mendez                  
             is similar in transmitting only change data, we find no teaching that Mendez selectively               
             transmits less than all of the change data.  Therefore, the examiner has not shown that                
             Mendez teaches all of the claimed limitations, and has not established a prima facie                   



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