Ex parte FISCHER - Page 19




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

          information stored in the claimed digital data structure to                 
          both 'confirm the identity of the legitimate computer user                  
          and to recover the secret digital information.'  The log-in                 
          agent is not a 'trustee.'"  Appellant argues that the login                 
          agent (LA) is not trusted with the user's private key and,                  
          as a result, the LA cannot impersonate a legitimate user.                   
               Appellant evidently reads a lot into the term                          
          "trustee," but does not state exactly what.  Since the LA is                
          disclosed to be "semi-trusted" (col. 4, line 11), we find                   
          this to meet the "trustee" limitation absent any                            
          qualifications on the term in the claim.  There can be many                 
          levels of "trustee."  Claims 25 and 32 do not require the                   
          "secret digital information" to be understandable by the                    
          trustee.  The argument is not persuasive.                                   
               With respect to claims 26 and 33, the Examiner states                  
          "that the LA identifier includes the public key LA-PUB"                     
          (EA7).  The LA is not information identifying the trustee                   
          stored in the digital data structure in figure 4 of Kaufman.                
          The anticipation rejection of claims 26 and 33, and                         
          dependent claims 43 and 44, over Kaufman is reversed.                       



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