Appeal 2007-0559
Application 10/037,659
Database Import Utility Program 40. The appellants correctly state the following
(Substitute Appeal Br. 14: 5-10):
. . . while the database system can reside in the computer system, the
computer system and the database system are not one and the same.
Thus, using a utility application program in the computer system to
invoke the association is not equivalent to invoking the association
“from within the database system,” as recited in claims 1, 27 and 53,
and having an association that is invokable by the application program
is not equivalent to an “invocation mechanism [that] is invokable by
the database,” as recited in claims 67, 75 and 83.
We reject the Examiner’s position that because a typical database program is
comprised of a collection of programs or program modules, it follows that the
Email to Database Import Utility Program 40 can be regarded as a part of the
database 80 in Drexler. The Examiner must articulate some rational basis for
regarding utility program 40 as a program within database 80. That has not been
done here. Utility program 40, as described by Drexler, appears to be independent
of database 80 and operates on its own without control or influence from database
80. The Examiner has not demonstrated anything to the contrary. The question is
not whether Email to Database Utility Program 40 of Drexler qualifies in some
general manner as a database management program but whether it is in the same
program as database 80 in Drexler.
For all of the foregoing reasons, the Examiner has not shown that Drexler
discloses a system including each and every element of claim 1, claim 27, or claim
53, or claim 67, claim 75, or claim 83. Because each dependent claim includes all
the features of the claim on which it depends, the Examiner also has not shown
that Drexler discloses a system including each and every element of any of claims
1-5, 10-12, 14-17, 22-24, 26-31, 36-38, 40-43, 48-50, 52-58, 64-65, and 67-90.
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