Appeal No. 94-3999
Application 08/083,863
of substantive activities. In this manner, access to a computer system may be validated without the
necessity of utilizing an explicit access/password scheme which may be compromised.
The Prior Art
Each of the references relates to a security system wherein an express challenge of some type is
made to a user of a system. Continued access to the system requires a proper response by the user to
the challenge.
Opinion
We will not sustain the rejections under 35 U.S.C. § 101 or 35 U.S.C. § 112, second
paragraph. We will sustain the rejection under 35 U.S.C. § 102.
The Rejection under 35 U.S.C. § 101
With respect to this rejection, the examiner’s position is that the claims are not statutory
because they are drawn to nothing more than a mental process controlling the performance of certain
activities or a method of doing business. It is urged that the claims require nothing more than the
interaction between an individual human operator and a computer.
Whether claims are directed to subject matter within this stature should not turn on whether the
claimed invention does business instead of something else. State Street Bank &
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