Ex Parte Feng - Page 6


                Appeal 2007-1505                                                                              
                Application 10/279,481                                                                        
                      The second issue before us is whether Appellants have shown that the                    
                Examiner erred because the combination of Costello and Sarkar does not                        
                teach or suggest validating the schema manipulations as claimed in claims 1                   
                and 16. 2                                                                                     
                      The third issue before us is whether Appellants have shown that the                     
                Examiner erred because the combination of Su and Clewis does not teach the                    
                claim 11 feature of “determining whether a first set of XML documents                         
                contains a second set of XML documents.”                                                      

                                              FINDINGS OF FACT                                                
                      Costello is an article discussing the importance of evolving XML                        
                schemas.  Costello mentions that evolution may happen in many ways,                           
                adding, deleting or restructuring the schema.  See paragraph under heading                    
                “1.  Design for Evolvability.”   The Article explores several XML schemas                     
                which have open content, a schema that allows content in addition to                          
                elements defined in the schema.  See abstract and paragraph under heading                     
                “7.  What is Open Content?”  The article discusses several ways in which a                    
                XML schema can be open using the “<any/>” element, the “content=                              
                ‘open’/>” element, or writing a new schema derived from an existing                           
                schema.  See paragraphs under the headings “9.  Current Implementation of                     
                Open Content,” “11.  A Better Approach to Expressing Open Content,” and                       
                “12. Schema Evolution using Refinement (Derive by Extension).”  The                           
                article does not discuss validation of the schema manipulation operations.                    
                                                                                                             
                2 We recognize that Appellant has additional contentions with regard to the                   
                Examiner’s rejection of independent claims 1 and 16.  However, the issues                     

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