Ex parte SPRUNK - Page 5




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


               distribution function to provide said cryptographic                    
               key; wherein:  said cryptographic key has an                           
               associated first work factor S for a person without                    
               knowledge of said key space distribution function;                     
               and said cryptographic key has an associated second                    
               work factor W < S for a person with knowledge of                       
               said key space distribution function.                                  
                                                                                     
          Also, we note that the only other independent claim, claim 14,              
          is in the apparatus format which recites substantially the                  
          same limitations.                                                           
               Upon our review of Elander, we fail to find that Elander               
          teaches the above limitations.  In column 9, line 39, through               
          column 10, line 45, Elander discloses that Figure 3 is a block              
          diagram illustration of two cryptographic systems, A and B,                 
          that communicates CDM keys via a strong key distribution                    
          channel 50 and communicate CDM-masked data via a weakened                   
          privacy channel 60.  From the careful reading of Elander, we                
          find that Elander's system provides a separate weak (CDM) and               
          a strong (DEA) keys and does not teach a single apparently                  
          strong key that is weak for the government's use only.                      
          Although the Elander's final CDM key is weak, the CDM key K                 
          transmitted in Figure 3 is the strong key.  We note that                    
          Appellant is claiming protecting the weak key with a one-way                
          function, whereas Elander only protects the strong key with a               
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