Ex Parte JARDIN - Page 3




         Appeal No. 2002-2126                                                       
         Application 08/931,187                                                     

         substitute appeal brief (Paper No. 26) (pages referred to as               
         "Br__") and the reply brief (Paper No. 29) (pages referred to as           
         "RBr__") for a statement of appellant's arguments thereagainst.            
                                      OPINION                                       
         Claims 1, 3-5, 10, 12, 13, and 15-34                                       
              The independent claims define an apparatus, system, or                
         method for secure communications between a server and a remote             
         client, in which the server selects a security algorithm from a            
         plurality of security algorithms and communicates the selected             
         security algorithm to the client (Br10-12).  Independent                   
         claims 17, 28, 29, and 31 recite that the selection is random.             
         Independent claims 17, 29, and 31-34 recite linking or potential           
         linking of the selected security algorithm to the client                   
         application program and/or the server process.                             
              Borza discloses that prior art solutions to secure                    
         communications on the Internet include a known encryption                  
         algorithm such as a public key/private key system (col. 1,                 
         lines 31-46) as described in connection with Fig. 2 (col. 4,               
         line 51 to col. 5, line 12).  Borza notes (col. 5, lines 13-20):           
                   It is evident to those of skill in the art that                  
              implementation of security according to the prior art                 
              requires standardisation of encryption algorithms and                 
              processes, either through the use of software from the same           
              vendor or through the use of a standard encryption                    
              algorithm.  There are disadvantages to each of these                  
              approaches in that using a common vendor reduces flexibility          
              and maintainability, while using a standard encryption                
              algorithm reduces security.                                           

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