Ex Parte Graunke et al - Page 10



               Appeal 2007-0463                                                                                                        
               Application 09/896,537                                                                                                  

               attributes having L through N levels of access” is broad enough to read on plurality                                    
               of attributes having respective levels of access L through N.  Thus, the claim does                                     
               not require that each attribute have access levels L through N.                                                         
                       In the Final Action, the Examiner read the recited “L through N levels of                                       
               access” on Eyer as follows:                                                                                             
                       Eyer discloses that the television signals have subscription and                                                
                       premium services (Col. 1, lines 14-30), which would correspond to                                               
                       the different levels of access.  For example[,] the base level of access                                        
                       would be your run of the mill basic cable, and the maximum level of                                             
                       access, which corresponds to N of the claims, would be access to all                                            
                       channels that the television provider has available.  Element M of the                                          
                       claims would correspond to some point in between, which could be                                                
                       basic cable plus HBO for example.  These levels of access are                                                   
                       represented in the access rights that the terminals receive and                                                 
                       furthermore in the decryption keys that are later generated from those                                          
                       access rights.  Therefore Eyer discloses the “levels of access” as                                              
                       claimed.                                                                                                        
               (Final Action 2.)  Appellants’ sole argument in response to the rejection is that                                       
                       [t]he claims of the subject application clearly require receiving                                               
                       “content comprising a set of attributes having L through N levels of                                            
                       access” (emphasis added).  While Eyer discloses data that may be                                                
                       divided into a plurality of subgroups, Eyer does not disclose that such                                         
                       data has attributes which have levels of access as required by the                                              
                       claimed invention.                                                                                              
               (Br. 17.)  In the Answer, the Examiner responded by more particularly explaining                                        
               that:                                                                                                                   
                       Eyer discloses a method of controlling access to video data using                                               
                       various access rights.  This video data contains different types of                                             
                       video data in the form of premium services such as HBO or special                                               
                       pay-per-view services, and of course standard channels (Col. 1, lines                                           
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