Ex Parte JARDIN - Page 8




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

         Dependent claim 6                                                          
              Appellant argues that the limitations that "the server                
         communicates the selected security algorithm to the client as a            
         data stream, and wherein the the application program is                    
         configured to transform the data stream into at least one                  
         accessible routine" in claim 6 are "not disclosed anywhere in              
         Borza '167" (Br21).  It is argued that column 8, line 65 to                
         column 9, line 48, cited by the examiner, is a pseudo-code                 
         listing of a JAVA applet for performing biometric                          
         characterization (Br21) and (Br21): "There is no disclosure                
         anywhere from Borza '167 of any selected security algorithm as             
         alleged by the Examiner.  As a result, no selected security                
         algorithm can be communicated to [a] client in any form as                 
         incorrectly alleged by the Examiner."                                      
              Borza discloses that a "security process" transmitted to the          
         client can be an encryption algorithm (col. 5, lines 65-67).               
         Borza discloses transmitting the security process, implemented in          
         the JAVA programming language, to the client where it is                   
         deciphered and executed.  Since the client computer is capable of          
         executing the transmitted security process in JAVA form, it is             
         necessarily configured to transform the data stream from the               
         network into an executable routine.  Appellant has not shown               
         error in the rejection.  The rejection of claim 6 is sustained.            


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