Ex Parte Fukumoto - Page 5

                Appeal 2006-2936                                                                                   
                Application 10/013,714                                                                             
                                                   Claims 27 and 45                                                
                       Appellant alleges that Britton’s teachings are insufficient to anticipate                   
                claims 27 and 45. (Br. 22.) However, mere allegations do not amount to an                          
                argument that particularly shows how the Examiner’s reliance on the cited                          
                textual portions of Britton does not anticipate the cited claims.   In our view,                   
                such allegations do not rebut the Examiner’s prima facie case of anticipation                      
                against the cited claims.                                                                          
                       Further, we note that dependent claims 27 and 45 require the                                
                limitation of making the data access permission setting for the program to                         
                access a database that stores sets of data for each of which a security level                      
                setting is made. (Br. Appendix A.)  We find that Britton reasonably teaches                        
                this limitation.  As discussed in the original Decision, we found that Britton                     
                teaches an access control list (ACL) which serves as a gatekeeper to control                       
                the user’s access of the database.  (Decision 12, ll. 16-22.) We also found                        
                that Britton teaches assigning an ACL level to an interface program, which                         
                serves as a proxy for the user, each time a request to access the database is                      
                made. (Decision 11, ll. 10-21.)  Particularly, the ACL reviews the user’s                          
                profile in the interface program and subsequently uses such information to                         
                set appropriate access levels of data in the database for the interface                            
                program. (Id. 11, ll. 2-7, ll. 10-14.)  It is therefore our view that one of                       
                ordinary skill in the art would readily recognize that Britton’s disclosure of                     
                setting access levels in the database for the user via the interface program                       
                teaches setting access levels program as well.  It follows that the Examiner                       
                did not err in finding that Britton teaches making a data access permission                        
                setting to access data in the database.   We therefore affirm this rejection.                      



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