Ex Parte Garay et al - Page 10

               Appeal 2007-0930                                                                             
               Application 10/014,763                                                                       
           1   claim 2, we concur with the Examiner’s holding that claims 3 through 8 are                   
           2   indefinite.                                                                                  
           3          Analysis relating to the second issue:                                                
           4          Claim 1 recites a “system including at least a user device.”  As stated               
           5   by the Examiner the Appellants’ Specification provides a list of devices                     
           6   which are user devices and define a user device as being capable of                          
           7   transmitting and receiving information over a network.  (Specification 5).                   
           8   Thus, we concur with the Examiner’s claim interpretation for the term “user                  
           9   device.”  However, as argued by Appellants in the Reply Brief on page 3, we                  
          10   find that the Specification implies that a user device is operated by a user.                
          11   We note, that of the listed devices, not all are operated by direct operation of             
          12   the user.  For example, a set top box typically is operated by a user through a              
          13   remote control.                                                                              
          14          As discussed supra, Aura teaches that the mobile device transmits                     
          15   information to the VPLMN, which relays information to the HLR/AUC.                           
          16   The information is transmitted to the HLR/AUC when the user initiates a                      
          17   connection.  In response to receiving this transmission, the HLR/AUC                         
          18   operates to generate and calculate several values which are then transmitted.                
          19   Thus, we find that the HLR/AUC meets the claim limitation of a user device                   
          20   as it receives and transmits information.  Further, we find that the HLR/AUC                 
          21   is user controlled in that it operates in response to user action.                           
          22          Claim 1 further recites, “wherein the verifier sends the first digital                
          23   signature to the intermediary device, and the intermediary device checks that                
          24   the first digital signature is a valid digital signature for the user device and if          
          25   the first digital signature is valid generates a second digital signature which              
          26   is returned to the verifier as a signature generated by the user device.”  Thus,             

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