Ex parte FISCHER - Page 6




          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                        

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