Ex Parte Satkunanathan et al - Page 2



              Appeal 2007-0519                                                                                           
              Application 10/723,324                                                                                     

                     This is an appeal from a decision of the Examiner rejecting claims 1-4, 6-18,                       
              20-33, and 35-43.  35 U.S.C. § 134 (2002).  We have jurisdiction under 35 U.S.C.                           
              § 6 (b) (2002).                                                                                            
                     We AFFIRM.                                                                                          
                     Appellants, in the Brief2, argue the claims as one group. Pursuant to the                           
              rules, the Board selects representative claim 1 to decide the appeal.  37 CFR                              
              § 41.37(c)(1)(vii) (2006).  Accordingly, all the claims stand or fall with claim 1.                        
                     Claim 1 reads as follows:                                                                           
                     1. A license enforcement system, comprising:                                                        
                            a monitoring component that determines a current number (M) of                               
                     users logged on to an application under a license;                                                  
                            an enforcement component that dynamically takes corrective action if                         
                     M exceeds an authorized number (N) of users permitted under the license;                            
                     and                                                                                                 
                            a validation component that periodically checks stored license data to                       
                     ensure that the data has not been corrupted.                                                        
                     The Examiner has finally rejected claims 1-4, 6-18, 20-33, and 35-43 under                          
              35 U.S.C. § 102(b)3 as being anticipated by Christiano (U.S. Patent No.                                    
              5,671,412).                                                                                                

                                                                                                                        
              2 Our decision will make reference to Appellants’ Appeal Brief (“Brief,” filed 3                           
              January 2006) and to the Examiner’s Answer (“Answer,” mailed 1 June 2006) and                              
              Appellants’ Reply Brief (“Reply,” filed 1 August 2006).                                                    
              3 Christiano issued on 23 September 1997. Accordingly, Christiano qualifies as                             
              prior art under 35 U.S.C. § 102(b). The first Office action (mailed 26 April 2005)                         
              recited the rejection as under § 102(b), but the statement of the rejection in the                         
              Answer refers to § 102(e), apparently by mistake.                                                          
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