Appeal No. 2002-2126
Application 08/931,187
Borza describes that "it is an object of this invention to
provide a method for securely transmitting data across a network
that is not confined to a single encryption algorithm" (col. 1,
line 67 to col. 2 line 3). Thus, an object of Borza's invention
is directed to overcoming the same problem as appellant's
invention, that security upon a single algorithm is vulnerable.
Borza discloses a method of enhancing network security using
two kinds of "process": a "security process" for securing
information to be transferred and a "characterisation
[Canadian/British spelling] process" to characterize biometric
identification data. For purposes of this appeal, we consider
only the "security process." However, we note that the claimed
"security algorithm" is a broader term than "encryption
algorithm," as indicated by dependent claims 3 and 12, and could
also encompass the "characterisation process." Borza discloses
that the "security process" could comprise "an encryption
algorithm" (col. 5, lines 65-66; col. 8, lines 57-59), that the
"server 51 is provided with a plurality of security processes (or
characterisation processes for use with biometric identification
systems) implemented using the JAVA programming language"
(emphasis added) (col. 8, lines 47-50), the "server 51 transmits
an encrypted security process ... to the client computer 52 where
it is deciphered and executed" (col. 8, lines 52-55), and states
that "[a]lternatively, the security process is determined
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