Appeal No. 2002-1486 Application 08/931,480 Elliot reference, it is our view that the examiner’s assertion does not have an adequate basis in the record. The examiner has not shown that Elliot discloses allowing user access, upon request, to real time usage data maintained in the system for or in connection with an account. The examiner cites to the following portions of the Elliott reference: Column 65, lines 56, to Column 66, line 14 Column 203, lines 60-67 Column 65, lines 28-63 According to the examiner, in column 65, lines 28-63, Elliott discloses updating the user profile in real time. However, it has not been explained why updating a user’s profile should be regarded the same as allowing access, upon user request, to real time usage data maintained in the system. It is not apparent why that would be so. Moreover, it has not even been shown that a user’s profile includes the real time usage data for that user. Even assuming that it does, the question still remains unanswered why updating a profile is the same as providing user access to that real time usage data upon request. According to the examiner, a record of real time usages is maintained in the system, as is shown in column 203, lines 60-67. But the claim feature at issue is not simply that the system maintains a record of users’ real time usage data. Rather, it is that access to such real time usage data is provided to the user or user terminal, upon request, within the specific environment defined by each claim. The mere fact that the system maintains real time usage data is not sufficient to meet the claim limitation at issue. 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007