Appeal 2006-2504
Application 09/422,998
1. The process of extracting data from a database and
presenting it for use.
2. A specific set of instructions for extracting particular data
repetitively.
We begin our analysis by noting the Examiner relies upon Wookey’s
‘507 patent that is incorporated by reference in Wookey’s ‘249 patent (col.
1, line 7, i.e., co-pending application Ser. No. 08/819,501). Our reviewing
court has determined that “[i]ncorporation by reference provides a method
for integrating material from various documents into a host document ... by
citing such material in a manner that makes clear that the material is
effectively part of the host document as if it were explicitly contained
therein.” Advanced Display Sys., Inc. v. Kent State Univ., 212 F.3d 1272,
1282, 54 USPQ2d 1673, 1679 (Fed. Cir. 2000) (citations omitted). “To
incorporate material by reference, the host document must identify with
detailed particularity what specific material it incorporates and clearly
indicate where that material is found in the various documents.” Id.
In the instant case, we find Wookey’s ‘507 patent has been identified
with detailed particularity, and is thus fully integrated into the host ‘249
patent document relied upon by the Examiner in the Final Rejection. We
note that Wookey ‘507 describes a “test schema” as a “collection of
diagnostic tests, together with status information indicating whether they are
disabled or enabled and when they are scheduled to run” (col. 8, ll. 62-64,
emphasis added). We note that “monitoring system 100” and “monitored
system 102” (Wookey ‘249, Figs. 1A and 1B) correspond to “service center
101” and the “monitored system” shown in Wookey ‘507 (Figs. 3 and 4,
5
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