Ex Parte BENSON et al - Page 3




          Appeal No. 2002-0617                                                         
          Application 08/942,743                                                       


                    providing a challenge associated with a protected item             
                    of software, and response means for responding to said             
                    challenge, to determine whether said response means has            
                    access to private keying material, wherein:                        
               a) the challenge means has no access to said private keying             
               material;                                                               
               b) the response means includes                                          
               means for proving that said response means has access to the            
                    private keying material by interacting with the                    
                    challenge means using a probabilistic proof scheme,                
               c) the challenge means includes                                         
               means for prohibiting a customer from using at least some               
                    of said item of software unless the challenge means                
                    determines from said probabilistic proof scheme that               
                    said response means in fact has access to said private             
                    keying material and thereby preventing unauthorized use            
                    of the software,                                                   
          wherein said challenge means is embedded in said protected item              
          of software.                                                                 
                                   References                                          
               The references relied on by the Examiner are as follows:                

               Linsker et al.      5,680,455            Oct. 21, 1997                  
                                        (filing date Jul. 10, 1996)                    
               Kanevsky et al.     5,774,525            Jun. 30, 1998                  
                                        (filing date Aug. 14, 1997)                    
               Hellman             5,872,917            Feb. 16, 1999                  
                                        (filing date Oct.  8, 1997)1                   




               1 We note that Hellman does not appear to be a valid                    
          reference applied against the Appellants in that the filing date             
          is after the Appellants’ filing date of Oct. 2, 1997.                        
                                           3                                           





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