Ex Parte KITAJIMA et al - Page 4




          Appeal No. 2003-0285                                                        
          Application No. 08/814,409                                                  


               Reference is made to the briefs (paper numbers 23 and 25)              
          and the answer (paper number 24) for the respective positions of            
          the appellants and the examiner.                                            
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse the anticipation rejection of claims                    
          23 through 31, and the obviousness rejection of claims 1 through            
          4, 6 through 13 and 15 through 22.                                          
               We agree with the examiner’s findings (answer, pages 4 and             
          5) that Dabbish automatically changes the structure of the                  
          reprogram elements 100 and 101 via a new cipher algorithm.  On              
          the other hand, we agree with the appellants’ argument (brief,              
          page 4; reply brief, pages 2 and 3) that Dabbish changes the                
          crypto core elements 100 and 101 by programming changes rather              
          than by circuit changes as required by all of the claims on                 
          appeal.  We do not agree with the examiner’s finding (answer,               
          page 9) that “[c]hanging circuit connections is anticipated by              
          PALs, which are included in Dabbish’s crypto cores” because                 
          Dabbish, as well as appellants’ disclosed invention, clearly                
          states that circuit changes and program changes are distinct                
          techniques for changing encrypting/decrypting apparatus.  To be             
          more specific, appellants disclose the shortcomings in software             

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