Appeal No. 2000-1185 Page 11
Application No. 08/886,516
information relating to the article and encrypting a portion of
the information. As pointed out by Appellants, Huddleston
provides detectable markers in various garment parts, existence
of which is sensed by the fabrication machinery causing specific
functions to be performed upon detection of each marker. Pastor
relates to electronic postage meters and determining the validity
of an encrypted postal indicia printed on a mail piece by using a
public key to decrypt and verify the data in the postal indicia.
Therefore, neither Huddleston nor Pastor can cure the
deficiencies discussed above with respect to Moore and Salive.
Accordingly, we do not sustain the rejection of dependent claims
3 and 5 through 9 under 35 U.S.C. § 103 over Moore and Salive in
view of different combinations with Huddleston or Pastor.
OTHER ISSUES
We note that claims 6 and 7 are identical to claims 8 and
9.1 When more than one claim is presented in an application,
37 CFR 1.75(b) requires that claims differ substantially from
each other. Therefore, we recommend that, prior to allowance,
1 Dependency of claim 6 was changed from claim 4 to claim 1
following the cancellation of claim 4 by the amendment filed
April 27, 1999. The change made claim 6 identical to claim 8 and
claim 7, depending from claim 6, identical to claim 9, depending
from claim 8.
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