Ex Parte Kobayashi - Page 3




               Appeal No. 2006-1497                                                                                               
               Application No. 09/770,017                                                                                         

                                                           OPINION                                                                
                      We have carefully considered the entire record before us, and we will reverse the                           
               obviousness rejection of claims 7, 10, 14, 22, 24 through 27 and 29.                                               
                      Powers describes a database system in which the whole tree is represented by using                          
               tables (column 2, lines 33 through 37; column 6, lines 17 and 18).  Powers is concerned with                       
               reducing the amount of storage space (Abstract), and one way to accomplish such a task is to get                   
               rid of duplicative nodes (column 6, lines 3 through 16).  The examiner’s contentions (answer,                      
               pages 4 and 5) to the contrary notwithstanding, Powers never selects a sub-tree structure for                      
               processing in the manner set forth in the claims on appeal.                                                        
                      Jeffries describes a method and apparatus for selecting a direct table and a plurality of                   
               corresponding trees in a computer system (Figures 3, 4A and 5A; Abstract; column 4, lines 25                       
               through 35; column 6, lines 10 through 14; column 10, lines 15 through 17).  Jeffries, like                        
               Powers, never selects a sub-tree structure for processing in the manner set forth in the claims on                 
               appeal.                                                                                                            
                      Accordingly, we agree with the appellant’s arguments (brief, pages 8 through 11; reply                      
               brief, page 4) that Powers and Jeffries neither teach nor would have suggested to one of ordinary                  
               skill in the art selecting a sub-tree structure, and then determining whether predetermined                        
               conditions have been met for replacing the sub-tree structure of a tree structure with an                          
               equivalent table.  In summary, the obviousness rejection of claims 7, 10, 14, 22, 24 through 27                    
               and 29 is reversed.                                                                                                


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