Appeal No. 2004-1890 8
Application No. 09/225,974
Lastly, we also do not sustain the Examiner’s 35 U.S.C. § 102(e) rejection based on
Carey of independent claim 58, which is directed to a fragment transformation feature. As
with the term “binding” with regard to the previously discussed claims, the term
“transformation” does appear in certain portions of the Carey reference (e.g., column 4,
line 66 through column 5, line 24). There is no explanation from the Examiner, however,
as to how this discussion of transformation would correspond to the specifically claimed
transformation of fragments as set forth in independent claim 58. We agree with Appellant
(Brief, page 23) that Carey, at best, discloses transformation of queries and not fragments
as claimed.
In summary, we have not sustained any of the Examiner’s rejections of the claims
on appeal. Therefore, the decision of the Examiner rejecting claims 1-3, 5-18, 58-75,
79-86, and 95-97 is reversed.
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