Ex Parte FOX et al - Page 7




              Appeal No. 2004-1156                                                                                        
              Application No. 09/071,594                                                                                  


                     With respect to independent claim 37, accepting appellants’ interpretation                           
              discussed above and the examiner’s position, we find no such corresponding limitation                       
              in independent claim 37 concerning the selection of a policy object from a plurality of                     
              policy objects.  Therefore, this argument is not persuasive with respect to independent                     
              claim 37, and we cannot group independent claim 37 with independent claims 1 and 23.                        
                     With respect to independent claim 1, Appellants argue that Grimm only has one                        
              policy service and it is not obtained/selected based on a proposed action received from                     
              an application program or the like that is seeking a policy decision.  (See brief at page                   
              10.)   We evaluate this argument with respect to independent claim 37 and find that the                     
              teachings of Grimm and Brandt do teach and fairly suggest that the security policy                          
              service is obtained based on data that identifies a proposed action.  Here, we find that                    
              the language of independent claim 37 is broader than the language in independent                            
              claim 1.  We find that the security login procedures of Brandt would have been a policy                     
              decision with which a policy decision is made to allow the proposed action to allow                         
              access to an individual seeking access.  The inputting of the account information and                       
              password, etc. would have been from a source independent of the requesting entity.                          
              The requesting entity would have been the user’s computer and the user would have                           
              been a source independent of the requesting entity.                                                         





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