Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 284

Response to CLAIM CONSTRUCTION BRIEF filed by AOL Inc, Amazon.com Inc., Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc.. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5-1, #7 Exhibit 5-2, #8 Exhibit 5-3, #9 Exhibit 5-4, #10 Exhibit 5-5, #11 Exhibit 5-6, #12 Exhibit 6)(Chaikovsky, Yar)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 284 Att. 10

EXHIBIT 5
PART 5 OF 6

Dockets.Justia.com

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Richard

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Express Mail

No

EE661456784US

gi9-

08/775864
Art Unit 2771 Hosain Richard

Examiner
Applicant

Alam
Michael

Nemes

August 10 1998

PETITION

FOR EXTENSION OF TIME

to CT

-TI

Assistant

Commissioner

Patents and

Trademarks

Washington

D.C

Tn
fl

2023

Sir

It

is

respectfully

requested
for

that

the

time for response of $55 one
fee

to

thc July

Office

action

dated
to

April

20

1998

be

extended

period
for the

month

from

20
is

1998

and

including

August 20 1998

check

for this extension

enclosed

Respectfully

submitted

eLIscJ
Richard 2821 Michael

Nemes
Apartment

Kings

Highway

1M

Brooklyn

New

York 11229

U.S.A

Telephone

718 6771748

0U13/199

miun

00000103

001751M

lFt215

55%

BTEX0000362

1Jftq277
Richard Michael Nemes 2821 Kings Highway Apartment Brooklyn New York 11229

1M

August 10 1998

Assistant

Commissioner of Patents and Trademarks

Washington

D.C

20231

re Patent Application

Np

08/775864

Art Unit

2771 Examiner FLT Alam

Dear Sir

Find
in

enclosed

6-page

response
patent

to the

Office action
In

dated

April

20 1998

conjunction
for

with the above

application check

addition

am
of

enclosing
self-

petition

extension

of time along with
the

in the

sum

$55 and

addressed

postcard

listing

enclosed

items address and phone

Please note

my

change

of permanent

number

Richard

Michael Nemes Apartment

2821 Kings Highway Brooklyn

IM

New

York 11229

U.S.A

Telephone

718

6771748
13 -n
11

Sincerely yours

in

Richard

Michael

Nemes

BTEX0000363

IN TilL

UNITED

FATES PATENT

AND TRADEMARK

JFFICE //tccnskl

Application Art Unit

Number 08/775864

Express

Mail

No

EE661456784U/3_/14t

2771
Flosain Alani

Examiner

ant Richard

Michael Nemes

RESPONSE
tCommissioner
Washington
of Patents and Trademarks

D.C

20231

Sir
In

response

to the

outstanding extension

Office action

dated

April
are

20 1998
enclosed

please consider

the following

remarks

petition

for

of time and payment

herewith

REMARKS

Formal drawings

will

be submitted

after

allowance

of the application

Response

to

Part

III

DETAILED ACTION

Items

37

Double Patenting

The

Office states

in items

3S

that

the

subject

matter claimed

in the

instant

application

is

fully

disclosed

in

U.S

Patent

No
item

5121495

issued to Nenies

hereinafter

495

and claimed

in

Claim

of

495
12

Specifically

states

that

the

term chain

of records appearing

in

Claim

of

495

col

line

is

equivalent

to

linked

list

of pointers/addresses

of records

and

that

chaining

is

equivalent

to

being linked

495 nowhere

teaches

or claims

linked

lists

or pointers

and

is

strictly

confined

to

the linear

probing

technique

of hashing as explicitly

stated

in

Claim

of

495 which

reads

An
to

information

storage and retrieval

system

using

hashing

techniques

to

provide

rapid access

the

records

of

said

system

and

utilizing

linear

probing

technique

.. col

ii line

67

through

col

12

line

BTEX0000364

Application

Number

OS/775$f

..i

Unit

2771

Examiner

Hoaain

Alani

Applicant

Richard

Nemea

The

linear

probing

technique

is

described

in

pages

506549

of the classic

text

by

Knuth

entitled

The Art of Computer

Programming

Volume

Sorting and Searching

Addison-Wesley

Reading

Massachusetts

1973

Cite

No

in the List of Prior Art Cited by

Applicant

submitted

in

conjunction

with

the

instant

application

and

is

shown

there

to

be

applicable only to

the

open
vein

addressing

method of

collision

resolution

which

is

nonlinked-list

technique

In

the

same

in the

DETAILED

DESCRIPTION

section

of the disclose

in

495

hash

table

is

described

as

logically

contiguous

circular

list

of consecutively

numbered

fixed-sized

storage

units

called

cells each

capable

of storing

single

item called

record col

line

3336
instant

This

description

excludes

linked

list

implementations

which

are claimed

here Since

the

application

claims

linked lists

not suggested

by

linear

probing

of the cited

art the subject

matter

claimed

is

not

dis

closed in

495
term

The

chain

of records appearing

in

495

is

used descriptively

and not

as

term

of art

In

495

it

consistently

refers

to

sequence

of consecutively

occupied

storage locations

and makes

no sense

when

interpreted

to

include

linked

list

implementations

col 495

line

6063

col

line

1117 17
the

The

aforementioned

text by

Knuth

at

page 527

is

cited

by

in this context

col

line

discussion

in that

text

being

limited

to

linear

probing

under

open addressing

strictly

nonlinked-list

technique

In

the

same vein

in the

DETAILED DESCRIPTION
col
lines

section

of the dis

closure

in

495

all

uses of the term

chain e.g
hash

10 41 44 col

line

39

follow

and

are

consistent

with the description of

table

only

as

logically

contiguous

circular

list

of consecutively

numbered

fixed-sized

storage units

called

cells each

capable

of storing

single

item called

record col

line

3336.

This

definition

of

chain

is

inconsistent

with and does

not

suggest

the

linked

list

technology

claimed

in

the

present

application

Thus

495

does

not

teach

or suggest linked

list

technology

claimed

in the

instant

application

BTEX0000365

Application

Number

08/7738t

Unit

2771

Examiner

Hosain

T-

Alam

Applicant

Richatti

Names

Item

states

that

as

to claims

and

495

does not recite the term linked

List but instead

recites

chain

of records

it

being

obvious

to

person

of ordinary skill in the art at the time the

invention was

made

to

use

linked

list

of records

because

chain of records

generates

linked

list In

light

of the preceding

explanation

that

chain

as used

in

495

does not suggest linked list

this rejection

should

be

withdrawn

Item

states

that

as to claims

and

495

does

not recite the removal

based

on

the

deter

mination

of

maximum number

or expired

records

it being obvious

to

person of ordinary

skill

in

the art at

the

time the

invention was

made

to

group

number of records and thus

to

predeter

mine the maximum number

in the

group

to

facilitate

an

efficient

processing

of records

Since

claims

and

are dependent

on claims

and

respectively

which have

been

shown

in the previ

ous

paragraphs

to be

not suggested

by

the subject

matter of

495

these claims

are

also

patentable

The Office

states

in items

67

that

the

subject

matter

of claims

5S

is

fully disclosed

in

U.S

Patent

No

5287499

issued to

Nemes

hereinafter

499
are

and claimed

in Claims

and

of

499
for

Specifically

item

states

that

Claims

and

of

499

directed

to an

apparatus

and method

information

storage and

retrieval

wherein

the

memory

addresses are

hashed

by

using

chain

of

records

having

same

hash

address

the

chaining

of records

is

external

see

claim

col

17

line

It

then states

that

the

external

chaining

of records

is

equivalent

to

linked

list

of pointers/

addresses of records as claimed

and

the

chaining

is

equivalent

to being

linked

Although

it

is

true

that

in the

instant

application

external

chaining and chaining

are each

equivalent

to

being

linked

499

does

not

teach

or suggest

on-the-fly

deletion

of at

least

some

records

based

on automatic

expiration

of data which

is

claimed

here

Item

states

that

as

to

claim

and

499

does

not recite the

terms

linked

list

insert

BTEX0000366

Application

Number

081175861

..i

Unit

2771

Examiner

llosain

Alam

Applicant

Richard

Nemes

retrieve

or

delete

but

instead

recites

external

chaining

and storing and

that

it would

have

been

obvious

to

person of ordinary

skill

in the art at

the

time the invention was

made

to

use

linked

list

of records

because

chain

of records

chained

by an

external

chaining

generates

linked list

sic The499
least

patent

however

does

not teach

means or methods

for

identifying

and

removing at

some expired

ones

of the records from the

linked

list

when
is

the

linked

list

is

accessed

see claims

and

which

is

taught by the instant

application and

integral

to claims

and

Thus

the rejection

should

be

withdrawn

Item

states

that

as

to

claims

and 81

499

does

not

recite

maximum
to

number

of

records

but

instead

recites

threshold and

that

It would have

been

obvious

person of ordi

nary

skill

in the art at the time the

invention was

made

to

group

number

or records

for

detennin

ing the threshold and thus to predetermine

the

maximum number

for

the

threshold to facilitate

an

efficient

processing

of records

The

maximum

number of records in the and

instant

application

and threshold

in

499

serve different

purposes

are

structured

and detennined

differently

In the instant

application

the

number

is

single

quantity that

serves as an upper limit on the

num
and

ber of records removed

from the linked

list

whenever

the linked

list

is

accessed

see claims

whereas

in

499

the

threshold

is

pair

of coupled

quantities

an

upper

threshold and

lower

threshold

that

serve as two-way

signals

indicating

when

the

system

should

automatically

reorga

nize

group of records

that

reside

in cells

of the hash

table

into

linked list and vice versa

col

lines

4z1.54 and

6165 APPENDIX
be learned from the

Since

neither

the

maximum number

of records

nor the

upper

threshold can

other by

person of ordinary

skill

in

the

art

from

either

499

or

the

instant

application

the

rejection

should

be

removed

Furthermore

the

dependent

Item

reads
recite the

.. As

to

claims

and

The 499

patent to

does

not recite and should and

maximiun
read

number of records
to

instead since

tlutshold

sic

This appears

be in error

As

claims

and

8..

term

maximum number apiars

only in claims

BTEX0000367

Application

Number

08/775564

..t

Unit

2771

Examiner

Flosain

Alam

Applicant

Richaid

Nemes

claims

are

patentable

because

the

independent

claims

on which they depend are patentable

Item

states

that

there

is

no apparent

reason

why

claims

corresponding

to

those

of the

instant

application

were not presented during

prosecution

of

499

In light of what has been

shown

above

that

the

teachings

of the instant

application

are

not included

in those

of

499

the

rejection

should therefore

be

withdrawn

Response

to

Part

Ill

DETAILED

ACTION

Items

811

Claim Rejections

35

USC

103

Jn

items

811

the

Office rejects

claims

18

under

35

U.S.C

103

obviousness

as

being

unpatentable

over

U.S

Patent

No
to

5287499

issued to

Nemes

hereinafter

499

in

view of U.S

Patent

No
that

5202981

issued

Shackielford

hereinafter

Shackelford
that

Specifically

item

10

states

with respect

to

claims

18

499

teaches

everything

is

claimed

col

line

6064
of

col

line

4951
as

with

the

exception

that

it

does

not

explicitly

indicate

the

detennination

threshold

being the

maximum
line 61

number

of records

and

that

Shackeiford

teaches

maximum

number

of pointers

col

through

col

line

Claims

18
list

of the

instant

application

address on-the-fly

deletion

of

at

least

some

records

from

linked

based

on automatic

expiration of data whereas

499

teaches

automatic

reorgani

zation

of records

from linked

list

structure

to

sequential

storage structure

and vice versa

to facili

tate

system

efficiency

Nowhere

does

499

teach

deletion

from

the

system

nor

does

it

teach

regarding

automatically expiring data

The

instant

application

teaches

and claims

claims

and

means and method

for

dynamically

determining

the

maximum number

of records to be removed

on-the-fly

from

linked

list

when

that

linked

list

is

accessed

Shackelford

on

the

other

hand

teaches

an

unrelated

quan

5---

BTEX0000368

Application

Number

05/775514

.a Unit

2771

Examiner

Hosain

Alant

Applicant

Richard

Ncmes

tity the

existence

of

stored

quantity

accompanying

the

stream class

data structure

that

identifies

the

maximum number

of pointers

that

are

permitted to exist

col

line 61

through

col

line

Shackelford

does

not address an application

with automatically expiring data

nor does

he

address

how many
claims

items to

delete

These references

separately

or

in

combination

do not

suggest

the

of the present

application

The

rejection

therefore

should be

withdrawn

Item

11

states

that

claims

18
and

are rejected

under

35

U.S.C

103

as being

unpatentable

over

499

directed to the linked

lists

the

step of

removing

as set forth

in the

Double

Patenting

dis

cussion

which

is

item

in the Office action

Neither

499

nor Shackelford

suggest

what

is

recited

in claims

and

for

example

means and methods

for identifying

and removing at

least

some expired

ones of the records from

the

linked

list

when

the linked list is

accessed

In addition

for the reasons explained

in detail

in

the

previous

discussion

rejection

of claims

and

which

are

directed

to

dynamically

determining

maximum number

has already

been

discussed above

Thus

this rejection

should

be

withdrawn

In view of the foregoing

remarks

this application

should

be allowed

to

issue

as

patent

Respectfully

submitted

Richard

Michael

Nemes

August 10 1998

BTEX0000369

Application

No

Applicants

08/775.864

Nemes
Group
Art Unit

Notice

of Aiowabihty

Exam

nor

Hosain

Alam

2771

IIIIIIllIM
If

All

claims

being

allowable

PROSECUTION
Notice
of

ON THE

MERITS and

IS

OR

REMAINS
Due
or

CLOSED
other

in

this

application

not included
will

herewith mailed
in

or previously due course

mailed

Allowance

Issue Fee

appropriate

communication

be

This

communication claims
filed

is

responsive 1-8

to

the Response

fl/u

August

11

1.998

IX

The allowed The drawings

is/are

_____________
are acceptable under
of

Lii

on

_____________________

Acknowledgement
All

is

made None

of

claim
of

for

foreign

priority

35

U.S.C

11

9a-d
have been

Some
received received received
in

the CERTIFIED

copies

the priority

documents

Lii

Li

Application
this national

No

Series

Code/Serial from

Number

____________________ Bureau

in

stage

application

the International

PCI Rue 17.2a

Certified
iii

copies

not received
is

______________________________________________________________ claim
for

Acknowledgement

made

of

domestic

priority

under

35 U.S.C

119e
noted

SHORTENED

MONTHS ABANDONMENT
THREE
Note
that

PERIOD FOR RESPONSE STATUTORY FROM THE DATE MAILED of this
of this

to comply Office

with

the requirements
to

below 37

is

set
in

to

EXPIRE

action be

Failure

timely comply the provisions

will result of

application

Extensions

of

time

may

obtained

under

CFR

1.136a
discloses

the attached the oath
or

EXAMINERS
declaration
is

AMENDMENT
deficient

or

NOTICE

SUBSTITUTE

OATH OR DECLARATION

OF INFORMAL APPLICATION P10-i 52 which IS REQUIRED

IX

Applicant

MUST

submit

NEW FORMAL
filed

DRAWINGS
were declared
Notice
of

because the
IX
including to

originally

drawings by the

by

applicant Patent

to

be

informal

changes

required

Draftspersons

Drawing

Review

PTO-948

attached

hereto

or

Paper

No
changes
by required by the proposed drawing correction
filed

including approved
ii including

on

______________

which

has

been

the examiner required by the attached

changes
indicia

Examiners Amendment/Comment

Identifying

such

as the application should

number
as

see 37 CFR 1.84c
paper with

should

be written

on

the reverse
to

side

of the

drawings

The drawings

be

tiled

separate

transmittal lettter

addressed

the Official

Draftsperson

Li

Note

the attached

Examiners comment regarding
should
If

REQUIREMENT
right

FOR THE DEPOSIT
corner

OF BIOLOGICAL NUMBER
the

MATERIAL

Any

response

to

this

letter

include has

in

the upper

hand
of

the APPLICATION

SERIES

CODE/SERIAL
and

NUMBER
the NOTICE

applicant

received should

Notice also be

Allowance

and

Issue Fee

Due

ISSUE BATCH

NUMBER

DATE

of

OF ALLOWANCE

included

Attachments
Notice
Li of

References Disclosure

Cited

P10-892

Information Notice
of

Statements
Patent

PTO-1449
Review

Paper

Nos

_________

Draftspersons Informal Patent

Drawing

PTO-948

Lii

Notice

of

Application

P10-1 52

Li
Li

Interview

Summary PTO-41

Examiners Amendment/Comment Examiners Comment Examiners Statement
Regarding
of

Li IX

Requirement
for

for

Deposit

of

Biological

Material

Reasons

Allowance

Patent

and

Trademk

Oftce

Plo37 Rev

9-95

Notice

of

Allowability

Part of

Paper

No

BTEX000037O

Serial

Number 08/775864
2771

Page

Art Unit

The The
fly

following
art

is

an Examiners Statement
not

of

Reasons

for

Allowance
for

prior

does
in

teach or
lists

fairly

suggest

method and apparatus
expiration

on-the-

deletion other

of records the

linked

based on automatic
does
of not

of data as claimed the

In

words
step

prior art of record

teach or
for

fairly

suggest

means or an
the

equivalent

in the

method claim
expired the

means

.accessing
records
in

linked

list at

same

time

removing

..some of the Although

ones
art

of the

the

linked

list

as recited teaches

in lines

7-8 of claim

prior

of record

Nemes 495

reference
in the

the

use of chains

of records

and

the

deletion

of

records the Applicant arguments as
the
to

Response
of

dated August

11 1998
in the

Paper

No

provided
is

why
linked

the

chain

records as taught

495

reference
the

not the

same as

list

as claimed
of the

The

Applicant

also distinguishes

claimed

invention

over the teachings

499

references

see

page

Paper

no

Any comments
than the

considered
Issue

necessary

by applicant

must be submitted no delays should

later

payment
the of

of the

Fee and

to avoid

processing should

preferably

accompany
on Statement

Issue

Fee
for

Such submissions Allowance

be clearly labeled

Comments

Reasons

Any
examiner

inquiry concerning

this

communication

or earlier

communications

from the

should

be directed

to

Hosain

Alam whose telephone

number

is

703

308-6662

HA
September 28 1998

BTEX000037I

copy See

of

this

rflference of Patent

no

being

furnished Procedure

with

this

Oftios

action

Manual

Examining

Section

7O7.O5a-

Notice

of References

Cited

Pert of

Paper

No

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United States Patent
Shackelford

Patent

Number
of Patent

5202981
Apr 13
1993

Date

PROCESS AND APPARATUS FOR MANIPULATING BOUNDLESS DATA STREAM IN AN OBJECf ORIENTED PROGRAMMTNG SYSTEM
Inventor Assignee Floyd Shackelford
Business

In

Operating

Systems Chapter

An Advanced
3.1 39448

Course

ed

Hager

al 1977

Buford Machines

Ia

Attorney Agent

ICulik F4imay ExaminerPaul ar FinnBell Seltzer

Park

Gibson

International

Corporation

Armonk

N.Y
process data streams

ABSTRACT
and
in apparatus for oriented

Appl
Filed Lnt

No

425813

manipulating

boundless system
as

an object
class
list

programming which
references in the the data

Oet.231989 GO6F
364/282.1

7t
15/40

7/i 006F
15/403 395/425 364/283.3 364/246

provides attributes

stream an ordered
the data

of objects of object
stored

includes to

05
CI

selected

U.S

39S/60O 364/283.1 364/245

ones

of

objects

storage

de

364/DIG
Field of

vice Methods
to first

for manipulating to last

object

include

move
previ

move

move
as
it

to

next

and

move

to

Search

395/600

425

700 62
364/419

ous
data

which

provide

bi4irectional user

data
it

stream

The
in

appears to the even

though does

resides

entirely

References

Cited

memory
implements

though sliding system

not
in

The
an

stream

class

window
which

U.S
4791550 4821220 4853843

PATENT
4/1989 8/1989

DOCUMENTS
ci al

object

oriented

programming
395/650 364/737 395/600

permits

manipulation
size
finite

of

12/1988

Stevenson Duisbcrg Ecklund

any

number

of

lists

of virtually
physical

unlimited

when
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OTHER PUBLICATIONS
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Apr 13

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Apr 13

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Apr 13

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Apr 13

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programs need not be
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PROCESS AND APPARATUS FOR MANIPULATING BOUNDLESS DATA STREAM IN AN OBJECT ORIENTED PROGRAMMING

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BRIEF DESCRIPTION FIG
object
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35 tance

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computer
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data storage Device

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14
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ice

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50

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vention
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12

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program
60

12

processor 11 Object may be programmed
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operating oriented variations

vey the scope Like numbers

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OBJECT ORIENTED
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those 65

the

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object will to

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main components of an FIG will be described and
operation

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51

BTEX000039O

5202981
of an
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amount

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55

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vention boundless
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to

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maintain in memory

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instruction value

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BTEX000039I

5202981
10

STREAM CLASSATtRIBUTES
Max_List_Size

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ham
35 linked

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55

STREAM ELEMENT

CLASSMETHODS
Element object

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60 the values in the

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DETAILED DESCRIPTION OF STREAM AND STREAM ELEMENT CLASS METHODS
Examples
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tion
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BTEX0000392

5202981
11
method
current

12
data the

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35

My_Stream.Move_to_First The Move_to_First
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