Ex Parte GRUNDEN et al - Page 6



          Appeal No. 2003-1632                                                        
          Application 09/173,991                                                      
          unlike claim 40, claim 70 requires that the notification device             
          associated with the vehicle be activated when the communications            
          monitoring determines that it is improperly occurring.  Appel-              
          lants’ arguments with respect to independent claim 73 correspond            
          to those of independent claim 70 (Brief, page 11).                          
                    As best expressed in the Reply Brief, we agree with               
          appellants’ general observation initially that the vehicle                  
          classification data comprising part of the “commit” message as              
          relied upon by the examiner at column 3 of Chaum does not form              
          any reasonable version of a so-called password to the extent                
          recited in claim 40, and not necessarily within the ambit of the            
          monitoring communication of claim 70.  Still, we sustain the                
          rejection because according to the examiner’s initial positions,            
          the reference teaches at the middle of column 5 its reliance                
          upon a so-called public key cryptography or RSA system.  This               
          conventional system in the art relies upon the use of a so-called           
          private key which is known only to the user but the remaining               
          portions of the cryptography system are public information.  It             
          is this private key that may provide a basis of the broadly                 
          “associated” password associated with the tag computer limitation           
          of representative claim 40 on appeal.                                       


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