Ex Parte Pereira - Page 5




             Appeal No. 2004-0518                                                                              
             Application No. 09/514,227                                                                        


             a user may access and where each record is linked to one record in the first type.  The           
             third type contains records wherein each record indicates an attribute of user access             
             control and is linked to one of the records in the second type.  Independent claims 18            
             and 27 contain similar limitations.                                                               
                   Anticipation is established only when a single prior art reference discloses,               
             expressly or under the principles of inherency, each and every element of a claimed               
             invention as well as disclosing structure which is capable of performing the recited              
             functional limitations.  RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440,          
             1444, 221 USPQ 385, 388 (Fed. Cir. 1984); cert. dismissed, 468 U.S. 1228 (1984); W.L.             
             Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313                
             (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).                                              
                   We find that Win teaches two types of records, a resource profile and a user                
             profile which are linked by roles (see column 5, lines 26-32).  A role is a relationship of a     
             use to an organization and includes definitions of their information needs, access rights         
             or privileges (see column 5, lines 2-10).  Roles are assigned to both users and                   
             resources (see column 13 lines 59-60).  We find that Win’s disclosure of Defining                 
             Resources is part of the process of assigning roles to resources and a step in the                
             creation of the “Resource Profile”  (see Column 13, lines 30-35).  Thus, contrary, to the         
             examiner’s assertion, on page 8 of the answer, we do not find that Win’s disclosure of a          
             step of Defining Resources, teaches creation of a third plurality of records, rather we           

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