Ex Parte Nakos et al - Page 2



          Appeal No. 2005-1210                                                        
          Application No. 09/945,438                                                  
               1.   A method for managing a database system including                 
               one or more database servers, the method comprising the                
               steps of:                                                              
               executing, at a console, an integrated management                      
                    module configured to manage at least two of the                   
                    following layers in the database system: a                        
                    database application layer, a database server                     
                    layer, an operating system layer, and a hardware                  
                    layer; and                                                        
               interacting with a user interface provided by said                     
                    integrated management module to change operational parameters of  
               The following reference is relied on by the examiner:                  
               Immon et al. (Immon)     6,240,416      May  29, 2001                  
                                             (filed Sep. 11, 1998)                    
               Claims 1 through 4 and 6 through 9 stand rejected under                
          35 U.S.C. § 102(e) as being anticipated by Immon.                           
               Claims 5 stands rejected under 35 U.S.C. § 103.  As evidence           
          of obviousness, the examiner relies upon Immon alone.                       
               Rather that repeat the positions of the appellants and the             
          examiner, reference is made to the brief and reply brief for                
          appellants’ positions, and to the answer for the examiner’s                 
          positions.                                                                  
                                       OPINION                                        
               Since we reverse the rejection of independent claim 1 and              
          its respective dependent claims under 35 U.S.C. § 102, we also              

          reverse the separate rejection under 35 U.S.C. § 103 of dependent           
                                          2                                           




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