Ex Parte Poppenga et al - Page 4

                Appeal 2007-1102                                                                             
                Application 10/006,692                                                                       
                                                                                                            
                customer as claimed.  According to Appellants, Chiloyan does not determine                   
                whether the individual customer has already installed the device, but rather                 
                whether the correct device driver is installed on a computer hosting the                     
                device.  Appellants further argue that Chiloyan does not care which                          
                customer has the device or who is using it.  In this regard, Appellants                      
                contend that Chiloyan has no way of knowing which devices are installed in                   
                a particular customer environment because device IDs are not associated                      
                with the customer.                                                                           
                      Appellants acknowledge that downloading a driver to a computer                         
                necessarily involves identifying the computer’s location.  Appellants further                
                acknowledge that someone uses the computer and device in Chiloyan, and                       
                the user and the customer may even be the same person.  Appellants                           
                maintain, however, that this information does not constitute associating a                   
                device ID with the customer in whose environment the device is installed                     
                (Br. 4-5; Reply Br. 1-3).                                                                    
                      The Examiner argues that Chiloyan determines two attributes of a                       
                particular customer based on the device IDs: (1) whether the device driver                   
                has been installed for that particular customer, and (2) whether an                          
                information access flag has been set for that particular customer.  The                      
                Examiner further notes that the particular operator of the computer 20 and                   
                the device 56 is inherently associated with that particular device and its                   
                identification numbers (Answer 4-6).                                                         
                      Regarding claims 18 and 23,5 Appellants argue that Chiloyan does not                   
                disclose storing (1) identification numbers and associated configuration                     
                                                                                                            
                5 Appellants indicate that arguments pertaining to “Ground No. 3” apply to                   
                claims 18 and 23 (Br. 4).  Accordingly, we select claim 18 as representative.                
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