Ex Parte Chan - Page 3

                Appeal 2007-0153                                                                              
                Application 09/792,918                                                                        

                      The rejections as presented by the Examiner are as follows:                             
                      1.  Claims 1, 2, 5, 11, 13-15, 17-20, 24, 25, 27, 28, 30-32, 35, 37, 38,                
                40, and 41 stand rejected under 35 U.S.C. § 102(e) as being anticipated by                    
                Pachauri.                                                                                     
                      2.  Claim 4 stands rejected under 35 U.S.C. § 103(a) as being                           
                unpatentable over Pachauri and Bienvenu.                                                      
                      3.  Claims 3, 7-10, 12, 21, 26, 29, 36, and 39 stand rejected under                     
                35 U.S.C. § 103(a) as being unpatentable over Pachauri and Wood.                              
                      4.  Claims 22, 23, and 42 stand rejected under 35 U.S.C. § 103(a) as                    
                being unpatentable over Pachauri and Lewis.                                                   
                      Rather than reiterate the opposing arguments, reference is made to the                  
                Briefs and the Answer for the respective positions of Appellant and the                       
                Examiner.                                                                                     
                      We affirm-in-part.                                                                      
                                                  ISSUES                                                      
                      The issues on appeal are whether Examiner makes a prima facie case                      
                for rejections under 35 U.S.C. § 102(e) and 35 U.S.C. § 103(a).                               
                      The Examiner characterizes the “test security” function 240 in Figure                   
                2 of Pachauri as the claimed “testing whether access to said resource is                      
                authorized” (Answer 3) and argues that testing for the actions a user is                      
                authorized to do is the same as testing for access authorization (Answer 9-                   
                10).  Appellant contends that the testing performed in Pachauri only                          
                determines whether a user can perform certain actions instead of testing                      
                access to a resource, which means that the security module presumes access                    
                without testing for it (Br. 5).                                                               


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