Ex Parte Howard et al - Page 4



          Appeal No. 2005-1540                                                        
          Application No. 09/887,626                                                  

          (Answer, page 5) that it is not clear from the combination if the           
          verification code is the same as history data.  The examiner                
          relies on Hunter, stating that it would have been obvious “to               
          have encrypted the history data of Glorioso as disclosed in                 
          Hunter in order to provider verification information that is                
          secure, difficult to modify, counterfeit or tamper with."  The              
          examiner believes that the encryption of Hunter “corresponds to             
          applicant’s ‘not the same as.’”                                             
               Appellants argue (Brief, page 5) that Glorioso fails to                
          teach or disclose "memory being programmed with verification                
          instructions to generate a verification code to be used by a user           
          to manually verify whether the request was followed."                       
          Specifically, appellants first contend that the verifying in                
          Glorioso is not at the user's location, as recited in the claims,           
          but, rather, is at the energy provider.  We agree.  The portion             
          of Glorioso referenced by the examiner (Answer, page 4) discloses           
          that the energy provider's computer system includes software that           
          includes code for verifying that an action has taken place.                 
          There is no suggestion in Glorioso that a code is generated at              
          the user's processor for employment by the user.                            
               Second, appellants argue (Brief, page 6) that Glorioso fails           
          to disclose a verification code.  Appellants contend (Brief,                
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