Appeal No. 2002-1527 Page 29
Application No. 08/885,817
2. Anticipation Determination
Because "the firewall servers are Internet protocol (IP) server computers
which . . . encrypt and decrypt datagram traffic sent and received to nodes on the
private networks over the Internet 20," '842 Patent, col. 5, ll. 7-11 (emphasis added), we
find that the firewalls of Aziz perform decryption. We also find that the firewalls use
public keys. Specifically, "the use of Diffie-Hellman (DH) public-key certificates can
avoid the pseudo session state establishment. . . ." '842 Patent, col. 6, ll. 17-19.
Therefore, we affirm the rejection of claims 23 and 24.
CONCLUSION
In summary, the rejection of claims 1, 4, 5, 14, 17, 19, 22-24, and 32 under
§ 102(e) is affirmed. In contrast, the rejection of claims 7, 8, 18, 26, 28 under § 102(e)
is reversed. The rejections of claims 2, 3, 11-13, 15, 16, 25, and 33-35 under § 103(a)
as obvious are affirmed. In contrast, the rejections of claims 6, 9, 10, 20, 21, 27, 29,
30, and 31 under § 103(a) are reversed.
"Any arguments or authorities not included in the brief will be refused
consideration by the Board of Patent Appeals and Interferences. . . ." 37 C.F.R.
§ 1.192(a). Accordingly, our affirmance is based only on the arguments made in the
brief(s). Any arguments or authorities not included therein are neither before us nor at
issue but are considered waived.
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