Ex Parte Siegel et al - Page 6


                Appeal 2007-1517                                                                                   
                Application 09/726,973                                                                             
                (Specification 3-4, ¶ [0009]).                                                                     
                       While not providing literal support, we nevertheless find the recited                       
                language “assigning a unique ID to each device” is adequately supported by                         
                the disclosed unique user identity that is linked to the personal computer                         
                (PC) used to access the host web site (id.).  For example, if two individuals                      
                use different computers to access a web site, and each user has a unique user                      
                ID that is linked to their own computer, then a unique ID has effectively                          
                been assigned (i.e., linked) to each computer (i.e., device).  For at least the                    
                aforementioned reasons, we find sufficient detail has been disclosed in the                        
                Specification to satisfy the written description requirements of 35 U.S.C.                         
                § 112, first paragraph.                                                                            
                                                  Obviousness                                                      
                       We consider next the Examiner’s rejection of claims 1, 2, 4-7, 13, and                      
                15-17 as being unpatentable over the teachings of Mitchell in view of                              
                Haitsuka.  Since Appellants’ arguments with respect to this rejection have                         
                treated these claims as a single group which stand or fall together, we will                       
                select independent claim 1 as the representative claim.  See 37 C.F.R.                             
                § 41.37(c)(1)(vii)(2004).                                                                          
                       Mitchell discloses using cookies to store identification codes                              
                representing user IDs (Mitchell 6, para. [0049]).  The Examiner contends                           
                that Haitsuka  teaches “assign[ing] a unique ID (e.g. cookie) to each device                       
                among a plurality of device used for presenting the personalized information                       
                (col. 2, lines 64-67, col. 3, lines 1-3, 11-20)” (Answer 6) and that a “cookie                     
                is inherently known to contain user or device information.”  (Id.)                                 



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