Ex Parte Jakobsson et al - Page 7



          Appeal No. 2005-0986                                                        
          Application No. 09/727,904                                                  

               Appellants further allege that Nishioka “teaches away” from            
          the claimed invention because the examiner alleges that the                 
          reference discloses that selected information relating to a                 
          purchase request by a user is only known to a merchant, while the           
          instant claimed invention relates to purchasing an information              
          item wherein that item is unknown to the merchant.                          
               We have reviewed the evidence before us, including the                 
          arguments of appellants and the examiner, and we conclude                   
          therefrom that the examiner has not established the requisite               
          prima facie case of obviousness under 35 U.S.C. § 103.                      
               Independent claims 1, 16, and 17 each requires the receipt             
          of a “blinded version of the first ciphertext portion of the                
          signed ciphertext.”  The examiner admits that Nishioka discloses            
          no such thing, relying on Kyojima for such a teaching.  Yet, the            
          portions of Kyojima referenced by the examiner refer to a blind             
          decryption technique, but we find no reference in Kyojima to a              
          blinded version of a “ciphertext portion of the signed                      
          ciphertext,” and the examiner has not convincingly pointed to               
          anything in the references suggesting such.  Nishioka refers to             
          “ciphers” and to a “signature” (e.g., column 13, lines 48-49),              
          but we fail to see how a recitation of a “signature” in Nishioka            
          and a description of a blind decryption technique in Kyojima                
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