Ex Parte Poppenga et al - Page 8

                Appeal 2007-1102                                                                             
                Application 10/006,692                                                                       
                                                                                                            
                peripheral and its associated identification numbers in Chiloyan are therefore               
                associated with the customer as claimed.                                                     
                      Appellants’ argument that the user (i.e., the customer) would have to                  
                use all of the devices to associate the identification numbers assigned to the               
                devices (Reply Br. 2-3) is unavailing.  As we indicated previously, the very                 
                act of connecting the peripheral to the PC’s interface to install the driver by              
                extracting the peripheral’s identification number inherently associates the                  
                peripheral and its associated identification number with that particular user.               
                For every such peripheral installed in Chiloyan’s system using this                          
                technique, the particular user (i.e., customer) would likewise be associated                 
                with the respective peripheral and associated identification number.                         
                      We add that the term “customer” is quite broad and is not only fully                   
                met by the user as noted above, but is also fully met by an entity,                          
                organization, enterprise, or other group of users that collectively constitute a             
                “customer.”  In this regard, we note that PC 20 may operate in a networked                   
                environment such as that found in offices, intranets, etc. (Chiloyan, ¶¶ 0031-               
                32).  Under this interpretation, peripherals -- and their respective                         
                identification numbers -- installed by different individual users in such a                  
                networked environment (e.g., users within an office) would be inherently                     
                associated with the customer (i.e., that particular office).                                 
                      For at least these reasons, we will sustain the Examiner’s rejection of                
                representative claim 15.  Since Appellants have not separately argued the                    
                patentability of claims 16, 17, and 20-22, these claims fall with                            
                representative claim 15.  See In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d                   
                1525, 1528 (Fed. Cir. 1987); see also 37 C.F.R. § 41.37(c)(1)(vii).                          



                                                     8                                                       

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: September 9, 2013