Ex Parte SHIMIZU et al - Page 4




          Appeal No. 2002-1658                                                        
          Application No. 08/922,339                                                  


                                       OPINION                                        
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellants and the examiner.  As a consequence of our review, we            
          will reverse the obviousness rejections of claims 4 through 11,             
          13, 15 through 22, 25, 27, 29, 31, and 32.                                  
               Each of claims 10, 11, 13, 22, and 32, the independent                 
          claims, recites decoding using a decryption key transmitted or              
          distributed from a key server.  The examiner states (Answer, page           
          4) that Steinberg "is vague in disclosing 'a key server                     
          independent from the file server, for distributing the decryption           
          key issued by the manager.'"  Steinberg, however, is quite clear            
          that the decryption key is selected, not received, by the user              
          (see column 3, lines 37-41).  Nonetheless, the examiner attempts            
          to cure the deficiency of Steinberg with Wasilewski, pointing out           
          that Wasilewski includes a public key server.  Yet, nowhere in              
          the rejection does the examiner explain the motivation for                  
          modifying Steinberg to include a key server as disclosed by                 
          Wasilewski.  The examiner asserts (Answer, page 5) that combining           
          the systems of Steinberg, Wasilewski, McCarty and Allen yields a            
          number of supposed benefits.  This, however, does not explain the           
          motivation for each specific modification nor exactly how one               



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