Ex parte RABIN - Page 5




              Appeal No. 1997-2048                                                                                        
              Application No. 08/175,326                                                                                  


                     Appellant argues the examiner has not provided a teaching or convincing line of                      
              reasoning why it would have been obvious to one of ordinary skill in the art at the time of                 
              the invention to use the input command as both the command recognition and the identity                     
              verification.  (See brief at page 4 et seq.)   We agree with appellant.  Appellant argues that              
              Naik ‘720 is concerned with access security and is not concerned with command                               
              recognition while Dowden is concerned with command recognition and not security in                          
              accessing the system.  (See brief at pages 5-6.)  We agree with appellant.  Appellant                       
              argues that the examiner has not provided a convincing line of reasoning or motivation to                   
              combine the parts of the claimed invention which the examiner has assembled.  Id.   We                      

              agree with appellant.  Appellant argues that the skilled artisan would not have been able to                
              make the invention as claimed from the applied references “without hindsight knowledge of                   
              the claimed invention.”  (See brief at page 7.)  We agree with appellant.                                   
                     The examiner argues that:                                                                            
                     [i]t would have been obvious to one of ordinary skill in the art at the time the                     
                     invention was made to forego the use of a secret phrase (and thereby                                 
                     forego one level of security) and utilize the system commands (as taught by                          
                     Dowden) as the phrase to be processed in the voice verification                                      

                     system because such a modification would permit the user to access the                               
                     system in a faster, easier manner (no password required prior to entering a                          
                     system command) while still maintaining security by verifying the identity of                        
                     the purported user.                                                                                  



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