Ex parte SPRUNK - Page 4




          Appeal No. 2000-1330                                                        
          Application No. 08/972,835                                                  


          USPQ2d 1596, 1598 (Fed. Cir. 1988).  Only if this initial                   
          burden is met does the burden of coming forward with evidence               
          or argument shift to the Appellants.  Oetiker, 977 F.2d at                  
          1445, 24 USPQ at 1444.  See also Piasecki, 745 F.2d at 1472,                
          223 USPQ at 788 ("After a prima facie case of obviousness has               
          been established, the burden of going forward shifts to the                 
          applicant.").                                                               
               Appellant points out in the Brief and the Reply Brief                  
          that Appellant's independent claims 1 and 14 both require                   
          "distributing said reduced key space over a larger key space                
          in accordance with a one-way key space distribution function."              
          Appellant argues that this is not disclosed or suggested by                 
          the prior art.  Appellant further argues that there is no                   
          motivation to modify Elander's teaching by replacing or                     
          augmenting the use of DEA encryption with a one way function                
          to provide the encrypted weakened key (KWEAK) because KWEAK is              
          not communicated over a weak channel.  See page 3 of                        
          Appellant's Reply Brief.                                                    
               We note that Appellant's claim 1 recites:                              
               distributing said reduced key space over a larger                      
               key space in accordance with a one-way key space                       

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