Appeal 2007-0145
Application 10/183,797
consequence of the time expiring for a window is that the data session in the
window will be cut off, not that the window will become inactive (Br. 13).
The Examiner responds that the claims do not require a specific
operating system (Answer 19). It is argued that Hale teaches an IBM PS/2
compatible computer and does not limit its teachings to DOS-based systems
(Answer 19). The Examiner contends that Hale enhances operating system
security regardless of type (Answer 20). The Examiner restates that the
claims do not require a specific operating system and Maddalozzo teaches
that window systems can be implemented on IBM based workstations, such
as the IBM PS/2 (Answer 21).
Appellants reply that the Examiner errs in finding that the claims are
not limited to windows-based systems because the claims recite windows
and require an operating system that includes windows (Reply Br. 3). It is
argued that it is necessary that Hale pertain to operating systems with
windows for the teachings or suggestions of Hale to be pertinent to the
claimed subject matter and Hale does not teach a windows-based operating
system (Reply Br. 3).
Analysis
The Examiner's statement that he "cannot find a specific limitation or
notation in any of the independent claims that claim or require a specific
operating system to perform the method claim 1, to operate in the device of
claim 11 or in the apparatus of claim 16" (Answer 19) implies that there is
no requirement for a "windows" operating system. We agree with
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