Appeal 2007-1062
Application 10/034,438
table definition, “the number of rows in the table are specified 220, the
number of pages that are filled before an empty page is left is specified 221,
and the percent of free space left on a page is specified 222” (col. 8, ll. 29-
32).
PRINCIPLE OF LAW
The Examiner bears the initial burden of presenting a prima facie case
of obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). The Examiner’s articulated reasoning in the rejection must
possess a rational underpinning to support the legal conclusion of
obviousness. In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed.
Cir. 2006).
ANALYSIS
As indicated supra, the Examiner has acknowledged that Iyer
distributes free space evenly or uniformly in a database. Iyer has also
identified a problem with the use of uneven or non-uniform distribution of
free space in a database. Although Pereira is concerned with free space in a
block, and Eberhard is concerned with free space on a page and the number
of free pages, neither reference specifies whether the free space and free
pages are uniformly distributed or non-uniformly distributed. Even if we
assume for the sake of argument that the free space is non-uniformly
distributed, we must agree with the Appellant that the non-uniform
distribution in Pereira and Eberhard is not based on “managing different key
ranges of a database file with different values of free space . . . so that non-
uniform distribution of free space is produced in the database file” as in
claims 18 to 34 (Br. 17) or on “uniformly distributing free space within the
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