Ex parte FISCHER - Page 12




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

          where the information is stored.  The quote from column 6                   
          indicates that external printed (i.e., non-digital)                         
          information is used by the manufacturer to confirm the                      
          identity of the user.  Column 6 refers to an embodiment                     
          where a secondary password is generated, not stored,                        
          although the identification procedure could be the same.  We                
          agree with Appellant that the Examiner has not identified a                 
          digital data structure in Cole including "identifying                       
          information identifying the legitimate computer user" and we                
          do not find any such teaching in Cole.  The anticipation                    
          rejection of claims 25, 26, 29-31, and 39-42 over Cole is                   
          reversed.                                                                   
               The arguments with respect to method claim 32 are                      
          similar to claim 25.  The rejection of claims 32-38, and                    
          44-46 are reversed for the reasons stated in connection with                
          claim 25.                                                                   

               Dziewit (WO 92/09161)                                                  
               The Examiner states that the limitations of the digital                
          data structure are found in "Dziewit at page 30, 'Third                     
          Party Trustee'" (EA5) and "with Dziewit secret encrypted                    
          information such as an encrypted contract is provided"                      
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