Ex Parte FOX et al - Page 7




          Appeal No. 2003-0072                                                        
          Application No. 09/032,407                                                  


          financial resources accessible to the first party through the               
          second party...,” the examiner cites various figures and column             
          4, lines 30-45, column 23, lines 45-52, column 24, lines 13-19,             
          column 31, lines 13-21, and column 32, lines 19-21, of Pare.                
               The examiner concludes that it would have been obvious to              
          add the modifications of Pare to the method of Ginter “because              
          such modifications would have provided a system that would have             
          provided ‘financial services system that is highly resistant to             
          fraudulent account accesses by unauthorized people’” (answer-page           
          8, referring to Pare’s column 6, lines 37-39).                              
               We have carefully reviewed the examiner’s rejection and                
          rationale therefor and conclude that the examiner has not                   
          established a prima facie case of obviousness with regard to the            
          instant claimed subject matter.                                             
               From the portions of the references to which the examiner              
          alludes, it appears that the examiner has merely referenced words           
          which sound similar to certain terms within the instant claims              
          but which have no bearing on the instant claimed invention.  For            
          example, instant claim 1 calls for a “commercial relationship               
          certificate.” Claim 20 calls it a “certificate...assuring an                
          authenticity of the first party” and produced by “the combination           
          of the public key and the unique reference being digitally signed           
                                         -7–                                          





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