Ex Parte Sloan et al - Page 7

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



               Claims 2, 3, 8, 9, 10 and 20 rejected under 35 U.S.C. § 103(a) as obvious over                 
                                                 Challener.                                                   
                Appellants repeat the same argument regarding the definition of a service tag                 
            they made in claim 1, supra., (Br. 14),  which is unpersuasive for the same reasons               
            we stated in the arguments regarding claim 1.  With regard to claim 8, the                        
            appellants argue that Challener fails to describe the use of a second server to                   
            validate the tag.  (Br. 14).  The examiner took official notice that it is notoriously            
            well known to rely on a separate authentication server in login procedures.  The                  
            appellants did not traverse this.  (Answer 10-11).  We also take notice of the                    
            notoriety of this practice and that a person of ordinary skill in the art would know              
            of its use for both additional security and efficiency in precluding the need for                 
            redundant databases across all the servers that a user might access, were the                     
            authorization process not localized to a separate server.  Therefore, we find the                 
            appellant's arguments to be unpersuasive.                                                         
                The appellants next simply list the additional limitations of claims 2, 3, 9, 10              
            and 20 and allege their absence from Challener.  We note that according to 37                     
            C.F.R. § 41.67(c)(1)(vii), a statement which merely points out what a claim recites               
            will not be considered an argument for separate patentability of the claim.  In any               
            event, the examiner has shown where these limitations are taught by the references                
            (Answer at p. 5-7).  Although Challener’s check for invalid tags in Fig. 7 and                    
            accompanying text is not strictly the invalidating of a tag as in claims 2, 10 and 20,            
            Challener’s discussion of checking whether a tag is valid would have suggested to                 
            a person of ordinary skill in the art the need to occasionally flag a tag as no longer            
            valid.  Such a marking as invalid is notoriously well known in the user security arts             

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