Appeal No. 2005-1210
Application No. 09/945,438
claim 5.
The focus of the examiner’s anticipation analysis is upon
figure 7 and its corresponding discussion in Immon. However,
from our review of this reference in its entirety, we agree with
appellants’ observations in the paragraph bridging pages 7 and 8
in the principal brief on appeal as well as the first complete
paragraph at page 8 as reproduced here:
There is absolutely nothing in Figure 7 that
suggests that workstation 702 is 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. Immon does not teach or suggest that
workstation 702 manages source 701 by changing operational
parameters of source 701. Instead, Immon discloses that
workstation 702 loads metadata from source 701. Loading is not
managing. Loading from a source does not change operational
parameters of the source.
Furthermore, there is absolutely nothing in Figure
7 that suggests that source 701 comprises at least two
of a database application layer, a database server
layer, an operating system layer, and a hardware layer.
The sources that may be included in source 701 are data per se.
These sources are not database applications, database servers,
operating systems, or hardware. (emphasis in original)
Pages 8 and 9 of the brief continue by making reference to
certain portions of Immon urging that those portions also fail to
teach the changeability of operational parameters as set forth at
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