Ex Parte HUGHES - Page 6




                 Appeal No. 2003-1942                                                                                  Page 6                     
                 Application No. 09/260,796                                                                                                       


                         Here, the examiner explains, "[i]n Carter, the client is a member of M-of-N                                              
                 groups, where both M and N equal one."  (Examiner's Answer at 16.)  As reasoned by                                               
                 the appellant, however, "if M=N=1, the access formula would be a function of only one                                            
                 group.   Group is singular."  (Reply Br. at 4.)  In fact, the examiner admits, "Carter does                                      
                 not teach more complex formulas," (Examiner's Answer at 16); "Carter does not discuss                                            
                 values of M and N, each greater than one."  (Id.)  The absence of an access formula                                              
                 describing a function of more than one group of clients negates anticipation.  Therefore,                                        
                 we reverse the anticipation rejection of claim 1 and of claim 2, which depends                                                   
                 therefrom.                                                                                                                       


                                                            B. CLAIMS 3-5 AND 7                                                                   
                         The examiner finds that "Carter depicts . . . encrypting the data portion of a                                           
                 document with a generated document key, preferably for use with a symmetric                                                      
                 encryption method (see column 13, lines 4-17; figure 2, item 50 and 54; figure 3,                                                
                 items 68 and 70; figure 4, item 94; and figure 6, step 112); . . .  encrypting the document                                      
                 key with the public key of the collaborative group (see column 13, lines 63-                                                     
                 67; column 14, lines 1-5 and figure 5, item 100). . . ."  (Examiner's Answer at 7-8.)  He                                        
                 further finds, "Feistel specifies a random key number generator in a symmetric key                                               
                 block cipher (see column 5, lines 18-23 and figure1, item 43)."  (Id. at 8.)  Noting that                                        
                 "[c]laim 3 also provides for encrypting an information set based on a randomly                                                   








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