Ex parte HIROSE - Page 2




          Appeal No. 97-2903                                                          
          Application No. 08/492,643                                                  


               Claim 18 is illustrative of the claimed invention, and it              
          reads as follows:                                                           
               18.  A data transmitting apparatus for transmitting                    
          predetermined data, comprising:                                             
               partial scramble means for scrambling a selected portion               
          of the predetermined data using a first key;                                
               entire scramble means for entirely scrambling all of the               
          predetermined data, using a second key, after the selected                  
          portion has been scrambled;                                                 
               sending means for transmitting the entirely scrambled                  
          predetermined data via a first transmission path; and                       
               means for sending the first key via a second transmission              
          path.                                                                       
               Claims 18 through 34 stand rejected under the second                   
          paragraph of 35 U.S.C. § 112 as being indefinite for failing                
          to particularly point out and distinctly claim the subject                  
          matter which appellant regards as the invention.                            
               Reference is made to the final rejection, the briefs and               
          the answer for the respective positions of the appellant and                
          the examiner.                                                               
                                       OPINION                                        
               The indefiniteness rejection is reversed.                              
               The examiner indicates (final rejection, page 2) that the              
          uses of “partial scramble means,” “entire scramble means,”                  
                                          2                                           





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