Ex Parte Brown et al - Page 14

             Appeal 2007-0728                                                                                   
             Application 09/954,796                                                                             

        1        Accordingly we sustain the Examiner's rejection of claims 1, 4, 5, 7-12, 14-18,                
        2    20, 25-36, 38, 40, and 42, but we do not sustain the rejection of claim 19 under                   
        3    35 U.S.C. § 102(e) as anticipated by Parthesarathy.                                                
        4                                                                                                       
        5        Claims 2, 37, 39, and 41 rejected under 35 U.S.C. § 103(a) as obvious over                     
        6                               Parthesarathy and Bradford.                                             
        7        From the above Findings of Fact, we must conclude that                                         
        8       • There is motivation to combine the art applied (FF28).                                        
        9        The Appellants look to very specific portions of Bradford in their contention                  
        10   regarding a lack of motivation to combine (Br. 16-17).  However, Bradford teaches                  
        11   mechanisms to refine queries such as those posed by Parthesarathy.  The                            
        12   Appellants contend that Bradford discloses data queries and that Parthesarathy                     
        13   only queries whether to load an update (Br. 16).  But any query inherently is a                    
        14   request for data, the fact that Parthesarathy goes further and acts upon the data that             
        15   is returned from its query does not negate the data that is implicitly returned for                
        16   that action to take place upon.  Whether the data is returned from a database or                   
        17   from data entry is an implementation detail.  Bradford suggests that queries in                    
        18   general may need varying levels of specificity.  Certainly, the level of query                     
        19   complexity of Parthesarathy Fig. 3 would suggest such a need.                                      
        20       Accordingly we sustain the Examiner's rejection of claims 2, 37, 39, and 41                    
        21   under 35 U.S.C. § 103(a) as obvious over Parthesarathy and Bradford.                               
        22                                                                                                      
        23         Claims 6, 13, and 19 rejected under 35 U.S.C. § 103(a) as obvious over                       
        24                              Parthesarathy and Kroening.                                             

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