Ex Parte Childs et al - Page 5

                 Appeal 2007-0901                                                                                      
                 Application 10/063,402                                                                                
                 removed, as much as possible, during the administrative process.”  In re                              
                 Zletz, 893 F.2d 319, 322, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).  Our                                 
                 reviewing court has repeatedly warned against confining the claims to                                 
                 specific embodiments described in the specification.  Phillips v. AWH Corp.,                          
                 415 F.3d 1303, 1323, 75 USPQ2d 1321, 1334 (Fed. Cir. 2005) (en banc).                                 
                        Appellants also argue that Batten-Carew fails to disclose issuing a                            
                 trusted message from the data center to at least one managed client system                            
                 when the authenticated administrator system does have authorization to                                
                 perform the service command (i.e., step (b4) of instant claim 5).  Appellants                         
                 again address column 7, lines 9 through 15 of the reference, but we note that                         
                 Batten-Carew does not teach that the “administrative request” may be                                  
                 provided directly to the end user, but that the processed request may be                              
                 provided directly to the end user.  (Cf. Appeal Br. 6; Batten-Carew col. 7, ll.                       
                 8-15).                                                                                                
                        In any event, Appellants contend there is no mention in the reference                          
                 of the serving entity (“data center”) issuing a trusted message directly to an                        
                 end-user (“managed client system”).  (Appeal Br. 6.)  According to                                    
                 Appellants, paragraph 11 of the Specification discloses that a trusted                                
                 message is a message that is encrypted and has an associated signature.  (Id.                         
                 6-7.)                                                                                                 
                        Actually, the Specification at paragraph 11 says that data center 18                           
                 issues an “appropriately signed, trusted message” to the intended client 16.                          
                 The plain language of the Specification describes the “message” as being                              
                 both “appropriately signed” and “trusted.”  Under the precepts of English                             
                 grammar, the comma in “The Long, Hot Summer” means that the summer is                                 
                 both long and hot.  A comma is inserted between coordinating, but not                                 

                                                          5                                                            

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013