Ex Parte CHASKO - Page 4




          Appeal No. 2002-0885                                                        
          Application 09/149,917                                                      

               As to limitation (1), the examiner finds that the claimed              
          retail merchant identification number, a retail customer number,            
          and transaction data correspond to the mutual validation of the             
          SVC (stored value card) and the POS terminal to establish a                 
          secure session, discussed at column 9, lines 22-29 (EA4).  The              
          examiner finds that the claimed encrypting of the three pieces of           
          data with a merchant supplied key corresponds to encrypting data            
          with a merchant supplied session key to generate a transaction              
          signature, discussed at column 9, lines 30, 32, and 59 (EA4).               
               The examiner does not explain, and we do not see how the               
          mutual validation described at column 9, lines 22-29, teaches               
          encrypting the specific three pieces of data of a retail merchant           
          identification number, a retail customer number, and transaction            
          data with a merchant supplied signature key.  We have looked                
          through Davis on our own and find the mutual validation procedure           
          for establishing a secure session described in more detail at               
          column 11, line 65, to column 14, line 21, with respect to                  
          Figs. 3A and 3B.  The SVC and the terminal generate a session key           
          which encrypt the same data and the results are compared and the            
          transaction is enabled only if the results are the same (col. 1,            
          line 62, to col. 2, line 9; col. 13, lines 53-55).  We do not see           
          what the examiner considers to correspond to the retail merchant            
          identification number, a retail customer number, and transaction            
          data in the mutual validation procedure.  Nor is the session key,           

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