Ex Parte GABBER et al - Page 4




              Appeal No. 2000-1999                                                                                      
              Application 08/748,314                                                                                    
              signature of the merchant which is a function of the account and the price.  The                          
              examiner also admits that Sirbu does not disclose an order from the customer                              
              containing the public key of the customer, a signature of the central authority which is a                
              function of the account, and a signature of the customer which is a function of the                       
              account and the price.                                                                                    
                     The examiner relies on Schneier for a disclosure that information sent between                     
              parties is signed using the private key of the sending party, referring to page 37,                       
              paragraphs 3-6.  Schneier is also relied on for a teaching of a public key sent with a                    
              message in a digital certificate which contains a signature of the certification authority                
              which is a function of the sender’s information, referring to page 185, paragraph 6, and                  
              page 186.                                                                                                 
                     The examiner concludes therefrom that it would have been obvious “to use a                         
              digital signature and certificate in the invention of Sirbu...motivated by the need to verify             
              the person sending the information and the information sent” (answer-page 4).                             
                     We will not sustain the rejection because, while the examiner has provided a                       
              reference, in Schneier, that mentions public and private keys and certification authority,                
              the examiner has not established Schneier as teaching what is specifically claimed.                       
              That is, claim 1, for example, requires the quotation to include the merchant public key,                 
              a central authority private key-signed signature that is a function of the merchant                       
              account, an unsigned copy of a price and a merchant private key-signed signature that                     
              is a function of the merchant account and the price.  The claim further requires that the                 

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