Appeal No. 2000-1362
Application 08/914,165
party has no ability to retrieve the encrypted message once it is
stored in the called persons mailbox. Olson's encryption is
transparent to the VMS called party because the code is
automatically stored in the called party's mailbox directory
after a message is encrypted (figure 3A) and is automatically
retrieved when a message is to be played (figure 3B); i.e., the
code is not actually provided to the called party to be used in
decrypting the encrypted message, but is a background part of the
VMS. Olson's "security" does not suggest encoding a calling
person's audio information or stored audio communications in
general. Bieselin is not a VMS and does not suggest the cross
connection problem faced by Olson. Thus, the teachings of Olson
are not directly applicable to overcoming a problem in Bieselin.
If Olson was combined with Bieselin to provide security, what
would be most straighforwardly suggested to one in the art would
be somehow (it is not clear how) adding a VMS with encoding. We
disagree with the examiner's conclusion that "[w]hen the Olson
reference is combined with the Bieselin reference, the result is
an encrypted communication among a plurality of parties" (EA6
¶ 3). There is no teaching or suggestion in Olson of encrypting
the audio communications of parties to a call, nor are we aware
of any common knowledge in the art to make this modification;
this teaching is found only in appellants' disclosure. Thus, the
examiner's rejection is based on a faulty conclusion.
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