Appeal No. 1997-3178
Application 08/464,069
is not the same thing as the claimed data structure in
claim 25 which includes information identifying a legitimate
computer user along with secret digital information in
encrypted form other than that identifying information."
We do not understand what the Examiner considers to be
the claimed digital data structure. It is true that Dziewit
discloses transmitting a contract to the parties using
encryption (page 29). The encryption provides security
during transmission but is not intended to keep the contract
secret from the parties at either end. Thus, the
transmitted encrypted contract cannot be considered to be
"secret encrypted digital information." However, assuming
the encrypted contract is the "secret encrypted digital
information," the Examiner does not explain what constitutes
the "identifying information identifying the legitimate
computer user." Because we find that Dziewit fails to
disclose "identifying information identifying the legitimate
computer user" and "secret encrypted digital information" in
a "digital data structure," the anticipation rejection of
claims 25, 26, 29, 30, 39, and 43 over Dziewit is reversed.
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