Ex Parte Baumeister et al - Page 7

                Appeal 2007-1955                                                                             
                Application 09/841,965                                                                       
                invention, neither Brown nor Peterka discloses the node-tree data structure                  
                of access rights as claimed.                                                                 
                      Our interpretation of the disclosure of Brown, relied on by the                        
                Examiner as disclosing the claimed access rights manager tree data structure,                
                coincides with that of Appellants.  We agree with Appellants that, at best,                  
                Brown discloses a directory of available content objects in the form of a                    
                node tree, but there is no disclosure of each node having a list of permitted                
                users for accessing access controlled objects as claimed.                                    
                      The Examiner, in response, calls attention (Answer 11-12) to Brown’s                   
                disclosure of an access control matrix in which permitted users of each                      
                content node are listed in the columns of the matrix.  We do not find this                   
                convincing since the row-column matrix of access rights disclosed by Brown                   
                does not satisfy the claimed requirement of a tree structure for the list of                 
                permitted users.                                                                             
                      Accordingly, we are of the opinion that, since the Brown reference                     
                does not overcome the deficiencies of Peterka in disclosing the claimed                      
                node-tree data structure feature, the references, even if combined, do not                   
                support the obviousness rejection.  We, therefore, do not sustain the                        
                Examiner’s obviousness rejection of independent claim 5, nor of claim 6                      
                dependent thereon.                                                                           

                                              CONCLUSION                                                     
                In summary, we have sustained the Examiner’s 35 U.S.C. § 102(a)                              
                rejection of appealed claims 1, 3, 4, and 7, but have not sustained the                      
                35 U.S.C. § 103(a) rejection of claims 5 and 6.  Accordingly, the Examiner’s                 
                decision rejecting appealed claims 1 and 3-7 is affirmed-in-part.                            

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