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 4Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007