Appeal No. 1997-3178
Application 08/464,069
"wherein" clause is functional language which must be shown
in a reference. Claim 25 is directed to the digital data
structure, not a system which uses the digital data
structure, and the "wherein" clause does not positively
recite any structural limitation to the digital data
structure. Method claim 32, by comparison, recites a method
step using the digital data structure which is a limitation
on the method.
Fourth, claims 25 and 32 recite "secret encrypted
digital information other than said identifying
information," which is not limited to the secret information
being a password. The secret information could be anything.
Appellant's arguments that references such as Dziewit and
Kaufman do not recognize the lost password problem (e.g.,
Br12, Br18) are not commensurate in scope with the broad
claim language.
Fifth, claim 25 recites "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" and claim 32 recites "the
trustee using said digital data structure to confirm the
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