Ex parte CHOW et al. - Page 10




          Appeal No. 1998-3332                                      Page 10           
          Application No. 08/643,961                                                  


               Because Nathans records its descramble code separate from              
          its scrambled stripe, and there is no evidence that the AAPA’s              
          encryption would have been desirable for Nathans code and                   
          stripe, we are not persuaded that teachings from the prior art              
          would have suggested the combination of AAPA nor the claimed                
          limitations of "(a) acquiring a first digital  representation               
          of at least one of a picture and signature of said legitimate               
          holder of said instrument, (b) extracting first feature data                
          from said digital representation, (c) combining said feature                
          data with said personal data into a single data sequence, (d)               
          generating a security code by encrypting said single data                   
          sequence" or  "a private secret key encrypted machine readable              
          security code ..., said code being comprised of a combination               
          of a digitized form of said personal information and a                      
          digitized descriptor of a first feature data of said                        
          photograph ....”  Therefore, we reverse the rejection of                    
          claims 11, 12, 16, 31, and 32 as being obvious over Nathans,                
          AAPA, and either Lee or Silverman and the rejection of claims               
          3 and 13-15 as being obvious over Nathans, Bonicalzi, AAPA,                 
          Petajan, and either Lee or Silverman.                                       









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