Ex Parte SHEAR et al - Page 7



                 Appeal No. 2005-0476                                                                                 
                 Application No. 08/848,077                                                                           

                        In response the examiner states, on page 51 of the answer, that                               
                 Hekmatpour’s statement, in column 3, lines 54-67 “[u]se of an on-line computer                       
                 based training methodology would eliminate a back-level problem” teaches the                         
                 limitation of identifying a first appliance or one or more resources of the first                    
                 appliance, and based on the identification, determining to use a first rule set to                   
                 govern a first use of governed information.                                                          
                        We disagree with the examiner.  We do not find that Hekmatpour teaches                        
                 this limitation.   Further, we do not find that the sections of Hekmatpour excerpted                 
                 by the examiner, suggest this limitation.  Accordingly, we will not sustain the                      
                 examiner’s rejection of independent claim 170 or dependent claims 171, 173,                          
                 175, 176 and 177 under 35 U.S.C.  § 103 as being obvious over Hekmatpour.                            
                        The examiner rejects claims 152, 154, 158, 159, 161 through 164, 167,                         
                 168, 172 and 174 under 35 U.S.C. § 103 as being obvious over Hekmatpour in                           
                 view of a combination of Stefik and Halter.  These claims all ultimately depend                      
                 upon either independent claims 151, 160 and 170.  As stated supra, we do not                         
                 find that Hekmatpour teaches the limitations claimed in claims 151, 160 and 170.                     
                 The examiner has not asserted, nor do we find that either Stefik or Halter teach                     
                 the limitations discussed supra with respect to claims 151, 160 and 170.                             
                 Accordingly, we will not sustain the examiner’s rejection of claims 152, 154, 158,                   
                 159, 161 through 164, 167, 168, 172 and 174 under 35 U.S.C. § 103.                                   






                                                          7                                                           



Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007