Ex Parte RICHARDS - Page 4




          Appeal No. 2000-1508                                       Page 4           
          Application No. 08/810,442                                                  


                                       OPINION                                        
               After considering the record, we are persuaded that the                
          examiner did not err in rejecting claims 1 and 8 as anticipated,            
          claim 2 as obvious, claim 3 as indefinite and non-enabled, and              
          claim 10 as non-enabled and lacking a written description.  He              
          did err, however, in rejecting claim 3 as obvious; claim 5 as               
          indefinite, anticipated, and obvious; and claim 10 as                       
          anticipated.  Accordingly, we affirm-in-part.  Our opinion                  
          addresses the following rejections:                                         
               •    indefiniteness rejection of claims 3 and 5                        
               •    enablement rejection of claims 3 and 10                           
               •    written description rejection of claim 10                         
               •    anticipation and obviousness rejections of claims 1-3,            
                    8, and 10                                                         
               •    anticipation and obviousness rejections of claim 5.               


                    I. Indefiniteness Rejection of claims 3 and 5                     
               Rather than reiterate the arguments of the examiner or                 
          appellant in toto, we address the two points of contention                  
          therebetween.  First, the examiner asserts, "[w]ith respect to              
          claim 3, the meaning ‘[key] of triple-DES type’ is unclear.”                
          (Examiner's Answer at 6.)  The appellant argues that three                  








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007