Appeal 2007-1992
Application 09/318,447
permanent memory of the client computer. The viewer can change or
update this information with the TV remote control. As such, the
viewer in Joseph's system does not log in to a server system to change
account information because the account information is stored at the
client computer. In fact, Joseph does not mention logging in to the
server computer, the client computer, or any other computer. By
contrast, Teper's system requires the user to log in before the user can
purchase an item and before the user can change account
information. For example, when a user connects to a Service Provider
site and attempts to purchase an item, the Service Provider site
requires the user to manually enter their password before the purchase
is completed. Moreover, when a user connects to the Online
Brokering Service to change or review account information, the
Online Brokering Service requires the user to log in. Therefore,
Teper's system always requires the user to log in before purchasing an
item and before changing account information, and Joseph does not
mention logging in.
Appeal Br. 21-22. Emphasis added. Accordingly, there is no dispute that the
prior art shows aspects of the invention claimed in claims 108, 151, and 176,
“whereby [a] user does not need to log in to the server system when
ordering the item, but needs to log in to the server system when changing
previously supplied account information”. The question is whether one of
ordinary skill in the authentication art would look to Joseph to modify an
online purchasing method where no login is required and thus arrive at the
claimed invention. This question depends on knowing the level of skill in the
art and the knowledge a person of ordinary skill in the art would have had as
of at least 1999 (i.e., the filing date of the application on appeal)
in access control mechanisms and as they relate to different levels of
security. Without knowing the level of skill in the art and the knowledge a
person of ordinary skill in the art would have had as of at least 1999, there is
no assurance, as the Examiner has reasoned, “that it would have been
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