Ex Parte Djugash et alDownload PDFBoard of Patent Appeals and InterferencesApr 26, 201010901591 (B.P.A.I. Apr. 26, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte JUDY I. DJUGASH, TRAVIS M. DRUCKER, and HOA T. TRAN __________ Appeal 2009-006058 Application 10/901,591 Technology Center 2100 __________ Decided: April 26, 2010 __________ Before LEE E. BARRETT, STEPHEN C. SIU, and, DEBRA K. STEPHENS, Administrative Patent Judges. SIU, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE This is a decision on appeal under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1-9 and 31-51. Claims 10-30 have been cancelled. We have jurisdiction under 35 U.S.C. § 6(b). Appeal 2009-006058 Application 10/901,591 2 The Invention The disclosed invention relates generally to data processing a migrating data to a relational database (Spec. 1, ¶ [0002]). Independent claim 1 is illustrative: 1. A computer implemented method for creating a table populated with information derived from an object oriented program environment, comprising: storing data structures in a relational database managed by a relational database management system, the data structures containing data related to entities and entity relationships in the object oriented program environment; storing a lookup table within the relational database; and populating the lookup table within the relational database with metadata of the entity relationships, wherein the metadata includes descriptions of hierarchical relationships between the entities in the entity relationships. The Reference The Examiner relies upon the following reference as evidence in support of the rejections: Egilsson US 6,970,874 B2 Nov. 29, 2005 The Rejection The Examiner rejects claims 1-9 and 31-51 under 35 U.S.C. § 102(e) as being anticipated by Egilsson. Appeal 2009-006058 Application 10/901,591 3 ISSUE Appellants assert that Egilsson fails to disclose “data structures containing data related to entity and entity relationships in the object- oriented programming environment” (App. Br. 11). Did the Examiner err in finding that Egilsson discloses data structures containing data related to entities and entity relationships in the object oriented program environment as recited in claims 1, 32, and 42? FINDINGS OF FACT The following Findings of Facts (FF) are shown by a preponderance of the evidence. 1. Egilsson discloses “an online syntheses programming technique for multidimensional analysis” (col. 13, ll. 11-12). 2. Egilsson discloses a hypercube structure that “has access to a set of calculated relations 705 in the form of functions accepting . . . dimensions in the hypercube” (col. 13, ll. 29-31). PRINCIPLES OF LAW 35 U.S.C. § 102 In rejecting claims under 35 U.S.C. § 102, “[a] single prior art reference that discloses, either expressly or inherently, each limitation of a claim invalidates that claim by anticipation.” Perricone v. Medicis Pharm. Corp., 432 F.3d 1368, 1375 (Fed. Cir. 2005) (citation omitted). Appeal 2009-006058 Application 10/901,591 4 ANALYSIS As described above, Egilsson discloses an “online syntheses programming technique” for “enforcing relations describing formulas . . . connecting the dimensions in a hypercube” (col. 13, ll. 11-19). Claim 1 recites a data structure containing data related to entities and relationships in an object oriented program environment. While the Examiner finds that Egilsson discloses an “online synthesis program technique” and “calculated relations” (Ans. 7), the Examiner has not demonstrated how these findings relate to an object oriented program environment or how the claimed entities and entity relationships (in the object oriented program environment) relate to, much less anticipate, the formulas that connect “the dimensions in a hypercube” of Egilsson. Since under 35 U.S.C. § 102, a prior art reference must disclose “each limitation of a claim,” Perricone, 432 F.3d at 1375, and the Examiner has not demonstrated that Egilsson, in fact, discloses each limitation of claim 1, we cannot agree with the Examiner’s findings. Claim 32 and claim 42 recite similar features as claim 1. Accordingly, we conclude that the Examiner erred in rejecting independent claims 1, 32, and 42, and claims 2-9, 31-41, and 43-51, which depend therefrom. CONCLUSION OF LAW Based on the findings of facts and analysis above, we conclude that the Examiner erred in finding that Egilsson discloses data structures Appeal 2009-006058 Application 10/901,591 5 containing data related to entities and entity relationships in the object oriented program environment. DECISION We reverse the Examiner’s decision rejecting claims 1-9 and 31-51 under 35 U.S.C. § 102(e). REVERSED msc IBM CORPORATION ROCHESTER IP LAW DEPT. 917 3605 HIGHWAY 52 NORTH ROCHESTER, MN 55901-7829 Copy with citationCopy as parenthetical citation