Ex Parte Fukumoto - Page 6

                Appeal 2006-2936                                                                                   
                Application 10/013,714                                                                             
                                               Claims 30, 48, 50 and 51                                            
                       Here, Appellant reiterates the argument submitted for claims 4 and 6.                       
                Appellant contends that Britton does not anticipate claims 30, 48, 50 and 51                       
                since it fails to teach the limitation of verifying the safety of the program                      
                before making the data access permission setting for the program to access                         
                the database. (Br. 23-25.)  We agree with Appellant for the same reasons set                       
                forth in our discussion of claims 4 and 6 above. We therefore reverse this                         
                rejection.                                                                                         

                                                        Claim 47                                                   
                       Appellant alleges that Britton’s teachings are insufficient to anticipate                   
                claim 47. (Br. 23.) However, Appellant does not show that the Examiner                             
                failed to establish that Britton anticipates the cited claims.  Particularly,                      
                Appellant’s allegations failed to show that the portions of Britton upon                           
                which the Examiner relies in the rejection do not teach at least one of the                        
                claim limitations. In our view, such allegations do not rebut the Examiner’s                       
                prima facie case of anticipation against the cited claims.                                         
                       Further, Appellant’s assertion that claim 47 recites “a data access                         
                permission setting for the program by verifying the safety of the program” is                      
                inaccurate. Nowhere in claim 47 is there any recitation pertaining to                              
                verifying the safety of the program.  It is our view that Appellant failed to                      
                persuasively rebut the Examiner’s rejection of claim 47. Consequently, we                          
                affirm the rejection.                                                                              





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