Ex Parte SCHEIDT et al - Page 3



         Appeal No. 2002-0121                                                       
         Application No. 09/023,672                                                 

              Reference is made to the brief and answer for the respective          
         positions of appellants and the examiner.                                  

                                      OPINION                                       

              Under 35 U.S.C. 102(b), a reference must disclose,                    
         explicitly or implicitly, every limitation of the claimed                  
         invention.  Glaxo Inc. v. Novopharm Ltd., 52 F.3d 1043, 1047, 34           
         USPQ2d 1565, 1567 (Fed. Cir.), cert. denied, 516 U.S. 988 (1995).          
              Each of independent claims 1 and 35 requires, inter alia,             
         the generation of a “plurality of cryptographic key splits from            
         seed data,” in one form or another.  The quoted portion is from            
         claim 35.                                                                  
              The examiner points to column 1, lines 57-67, of Hirsch for           
         a teaching of this limitation.  In particular, the examiner                
         relies on Hirsch’s “container multibit locations” as a teaching            
         of the claimed plurality of key split generators.  The examiner            
         explains that the key splits in Hirsch are the individual bits of          
         the stored input binary number rearranged as a function of random          
         number values and that the claimed seed data from which the key            
         splits are generated are the individual bits of the stored input           
         binary number and the different ones of a unique sequence of               
                                        -3–                                         




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