Appeal No. 1998-2848
Application 08/398,862
protection, limited manufacturing, and random distribution of
partial sets (specification, pages 11-12, 15). "Card
authenticity" can be accomplished with encryption; e.g.,
"Counterfeit ETCs can be detected using public-key/private-key
encryption" (specification, page 12, lines 12-13). We do not
find the concepts of "card scarcity" and "card authenticity"
discussed anywhere in the evidence submitted. One of the
slides is entitled "E-Card Security"; however, this appears to
just refer to how the ETCs are accessed and there is no
mention of card scarcity or card authenticity. This is just
one example, but it applies to all claims. As another
example, we do not find support for the limitations of
entering a multiroom virtual environment and completing a set
as recited in claim 16. The declarations should particularly
point out how each claim limitation is supported by the
evidence. Appellant has not established conception of the
claimed invention and the Rule 131 declarations are
insufficient to overcome Smith. The anticipation rejection of
claims 1-39 is sustained.
In addition, even assuming the evidence was sufficient to
establish conception, Appellant has failed to establish
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