Ex Parte Brown et al - Page 10




              Appeal No.  2006-1790                                                                                     
              Application No. 10/042,030                                                                                

                     With regard to claims 11 and 22, these claims include an authentication of the                     
              user, wherein the step of modifying the attribute comprises modifying the attribute in                    
              response to the user being authenticated.                                                                 
                     The examiner contends that both APA and IE authenticate a user, and that after                     
              authentication, when the user modifies an attribute, this modification is “in response” to                
              the user being authenticated.                                                                             
                     While appellants do not deny that conventional systems authenticate users,                         
              appellants argue that IE does not provide any connection whatsoever between user                          
              identification and accessibility options.                                                                 
                     Again, while we understand the differences between the disclosed invention and                     
              that described by IE and what was conventional in the art, we do not find that the instant                
              claim language distinguishes over the prior art.  That is, while appellants wish the                      
              attribute modification to be a direct result of user authentication (so that a user signing               
              on will automatically be sent documents in accordance with that user’s preferences), the                  
              claims only require that the modifying step be “in response to the user being                             
              authenticated.”  A broad, yet reasonable interpretation, in our view, would be that                       
              although the prior art does not automatically modify the attribute on authenticating the                  
              user, the modification is certainly “in response to the user being authenticated” since                   
              until the user is authenticated, he/she cannot have access to the system in order to                      
              change the default settings of the Web page attributes.  Thus, being given access                         
              (being authenticated) permits the user to modify the attributes.  Therefore, in the prior                 
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