Ex parte MANDULEY - Page 7




          Appeal No. 95-4184                                                          
          Application 07/813,080                                                      

          corresponds to claimed steps (a), (b), and the "transmitting"               
          step of step (c), where the device 10 is the data center.  If               
          the request is within the authorization provided by the                     
          software license, device 10 provides a response to the central              
          processor 16 indicating that operation of the program is                    
          authorized and the program is then permitted to run (col. 5,                
          lines 12-18).  This corresponds to the remainder of claimed                 
          step (c) and to steps (c), (d), and (e).                                    
               We agree with the examiner's handling of appellant's                   
          arguments regarding Robert and Dunham in the Examiner's                     
          Answer.  In particular, we agree that appellant does not point              
          to the limitations in the claims that are relied on to support              
          the arguments and we do not find supporting limitations;                    
          therefore, the arguments are not commensurate in scope with                 
          the claims.  See In re Self, 671 F.2d 1344, 1348, 213 USPQ 1,               
          5 (CCPA 1982) ("Many of appellant's arguments fail from the                 
          outset because . . . they are not based on limitations                      
          appearing in the claims.").  For example, the arguments about               
          a "license" seem to ignore that Robert performs the recited                 
          steps; it does not make any difference that the steps are                   
          performed in connection with a licensing arrangement or other               

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