Ex Parte Rinkevich et al - Page 6


                  Appeal 2007-1317                                                                                          
                  Application 09/731,623                                                                                    
                         We begin our analysis by broadly but reasonably construing the                                     
                  recited term “user authentication” in a manner consistent with the                                        
                  Specification (claim 1).  See In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d                                 
                  1664, 1667 (Fed. Cir. 2000) (“[D]uring examination proceedings, claims are                                
                  given their broadest reasonable interpretation consistent with the                                        
                  specification.”).  When we look to the Specification for context, we agree                                
                  with the Examiner that the claimed first and the second user authentications                              
                  are not limited to authentication actually performed by human entry (i.e.,                                
                  performed by the user).  Indeed, we find the Specification provides broad                                 
                  support for operations that require no action on the part of a human operator:                            
                         Note that the invention may describe terms such as comparing,                                      
                         validating, selecting, identifying, or other terms that could be                                   
                         associated with a human operator.  However, for at least a                                         
                         number of the operations described herein which form part of at                                    
                         least one of the embodiments, no action by a human operator is                                     
                         desirable.                                                                                         
                         (Specification 10, ll. 10-13).                                                                     

                         In this way an authentication mechanism is implemented which                                       
                         permits a user to selectively authenticate without necessarily                                     
                         giving up already established access.  (Note that a user need not                                  
                         refer to a “human” user but may, for example, include a proxy                                      
                         server running under a user's identity.)                                                           
                         (Specification p. 13, l. 21 - p. 14, l. 1).                                                        

                         We further agree with the Examiner that Wu teaches multiple logical                                
                  authentication services that are aggregated (i.e., stacked) so as to permit a                             
                  single unified login to access multiple authentication services, as follows:                              
                         The ability to use multiple different ones of a given account                                      
                         management service is called “stacking,” and it is particularly                                    

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