Appeal No. 2000-1362
Application 08/914,165
the case law requires that all material facts be documented on
the record rather than by conclusions about "basic knowledge."
See In re Lee, 277 F.3d 1338, 1344-45, 61 USPQ2d 1430, 1434-35
(Fed. Cir. 2002). Lastly, the examiner's reasoning that
providing encryption would have "inherently" suggested the need
to provide a code to the calling party appears to be the very
model of hindsight because it starts with a modification and then
works backward to arrive at the claimed subject matter.
For the reasons stated above, we conclude that the examiner
has failed to establish a prima facie case of obviousness with
respect to claim 82. The rejection of claim 82 is reversed.
Claims 86 and 87
Claim 86 is directed to encrypting audio communications
between at least two parties and recite, in part, "generating at
least two access codes, any of which can be used to obtain access
to the encrypted audio recording; transmitting the key to the at
least two parties; and transmitting the at least two access codes
respectively to the at least two parties such that each party
receives a unique access code." Claim 87 has similar limitations
which omit the word "and." Claim 86 additionally recites
"embedding a time stamp in the encrypted audio recording."
Appellants argue that, as with claim 82, the references
cited by the examiner do not disclose or suggest transmitting a
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