Appeal No. 1997-3178
Application 08/464,069
(EA5). The Examiner also relies on the last two lines on
page 29 (FR3).
The cited portion of Dziewit on page 30 is concerned
with using a third party trustee in the process of
authenticating electronically-documented contract
transactions. Page 29 of Dziewit discloses that
transmissions may be encrypted.
Appellant's argument with respect to claim 25 that
Dziewit fails to disclose use of information by a trustee to
confirm the identity of the legitimate computer user and to
recover the secret encrypted digital information is not
persuasive. Claim 25 is directed to a digital data
structure stored in a computer memory, not to a system
having a trustee which uses the contents of the digital data
structure. As discussed in the "Claim interpretation"
section, the "wherein" clause is considered a statement of
intended use.
Appellant argues (Br12): "The Examiner identifies no
specific digital data structure in Dziewit that includes
both types of claimed information. An encrypted, digitally
signed copy of the electronic contract file stored on disk
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