Ex Parte Nakos et al - Page 4



          Appeal No. 2005-1210                                                        
          Application No. 09/945,438                                                  
          the end of claim 1 on appeal.  We essentially agree with this               
          analysis as well.                                                           
               Although even the abstract of Immon makes clear that his               
          system manages metadata in a distributed or network computing               
          environment among a plurality of servers on a single server, this           
          reference fails to teach the substance of the claimed integrated            
          management module having the ability to manage at least two of              
          four identified layers of a database system.  It is believed that           
          the claim as well as the disclosed invention is consistent with             
          the well known OSI software layering approaches in the art.                 
          There appears to be no indication to us that Immon even addresses           
          his distributed system from the perspective of prior art software           
          layers, but only from the perspective of processing and managing            
          metadata, which is created as a natural byproduct of data                   
          processing as set forth in the initial paragraphs of column 1 of            
          Immon.  Overall, it is clear to us that the artisan would not               
          have been placed in possession of the subject matter of                     
          independent claim 1 based upon Immon’s teachings and showings.              






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