Appeal No. 1997-3178 Application 08/464,069 instructions at 86 in figure 4. Thus, claims 25 and 32 indicate that the identifying information is not encrypted and do not define over the use of non-encrypted data as identifying information. Claims 25 and 32 do not cover the disclosed concept of using encrypted information to confirm the identity of the legitimate user, i.e., an imposter could substitute his own identifying information because it is not encrypted. Similarly, claims 30, 31, 37, and 38 do not require encrypting private information. Third, claim 25 is directed to a digital data structure stored in a memory. Claim 25 includes a "wherein" clause which expresses that 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. We agree with the Examiner's position (argued by Appellant at Br18-19) that the "wherein" clause is merely a statement of intended use of the data structure claim (although we do not find where this position is stated in the rejection), which limitation is met as long as the data structure is capable of such use. We are not persuaded by Appellant's argument (Br19) that the language in the - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007