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
4
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