Ex parte FISCHER - Page 3




          Appeal No. 1997-3178                                                        
          Application 08/464,069                                                      

               Claim 25 is reproduced below.2                                         
                    25.  A computer having a legitimate user of the                   
               computer including a processor and a memory device                     
               coupled to said processor, a digital data structure                    
               corresponding to the legitimate user stored in said                    
               memory device including:                                               
                    identifying information identifying the legitimate                
               computer user, and                                                     
                    secret encrypted digital information other than                   
               said identifying information,                                          
                    wherein the digital data structure is used by a                   
               trustee to confirm the identity of the legitimate                      
               computer user and to recover the secret encrypted                      
               digital information.                                                   

               The Examiner relies on the following prior art:                        
               Cole et al. (Cole)       5,091,939      February 25, 1992              
               Hardy et al. (Hardy)     5,222,135        June 22,                     
          1993                                                                        
               Kaufman et al. (Kaufman)   5,418,854         May 23,                   
          1995                                                                        
          (filed April 28,                                                            
          1992)                                                                       
               Dziewit et al. (Dziewit)      WO 92/09161       May                    
          29, 1992                                                                    
               (International application published under the PCT)                    



            We question whether the phrase "to recover the secret2                                                                      
          encrypted digital information" is correct.  This suggests that              
          the trustee does nothing since the information is still                     
          encrypted.  Perhaps it was intended that the trustee recovers               
          "the secret digital information" as recited in claim 32.                    
                                        - 3 -                                         





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