Ex Parte Sloan et al - Page 4

            Appeal Number: 2006-2502                                                                          
            Application Number: 09/768,434                                                                    



              Claims 1, 14 through 18 and 19 rejected under 35 U.S.C. § 102(e) as anticipated                 
                                                by Challener.                                                 
                Challener describes a data processing system and method for permitting only                   
            preregistered client hardware to access a service executing on a remote server                    
            computer system, and more particularly by comparing a log-in token to an access                   
            registry identifying registered hardware.  (Col. 1 lines 10-18).                                  
                The appellants argue with respect to independent claims 1 and 14 that the value               
            of a service tag uniquely identifies a computer system and is installed in the basic              
            input/output system (BIOS) of a computer (Br. 4).  The examiner responds that the                 
            appellants are reading limitations into the claims.  (Answer 10).  We note that                   
            nothing in claim 1 or 14 limits the location of a service tag to the BIOS.  The                   
            appellants argue that the phrase “service tag” is a term of art, requiring it to reside           
            in the BIOS (Reply Br. 2), but provide no evidence to support this assertion, and                 
            we therefore decline the invitation to treat it as such.  Although claim 14 does                  
            require the service tag reside in non-volatile memory, this is met by the access                  
            registry of Challener.                                                                            
                The appellants further argue that Challener  requires multiple log-ins.  (Br. 7).             
            We note that nothing in the claimed subject matter limits the claims to a certain                 
            number of log-ins.  The appellants then argue that Challener does not describe                    
            determining at the server if the service tag is valid and generating a message if so              
            valid, or valid service tags corresponding to computer systems that purchased a                   
            benefit.  (Br. 11-12).  We note that Challener states                                             



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