Ex Parte HUGHES - Page 7




                 Appeal No. 2003-1942                                                                                  Page 7                     
                 Application No. 09/260,796                                                                                                       


                 generated number and encrypting the randomly generated number using the access                                                   
                 formula and the public key for each of the at least one group granted access to the                                              
                 information set," (Reply Br. at 8), the appellant argues, "[t]he Examiner points to no                                           
                 teaching or suggestion, in either Carter or Feistel, of such an encryption."  (Id.)                                              


                         In addressing the point of contention, the Board conducts a two-step analysis.                                           
                 First, we construe the claim at issue to determine its scope.  Second, we determine                                              
                 whether the construed claim would have been obvious.                                                                             


                                                           1. Claim Construction                                                                  
                         Claim 3 recites in pertinent part the following limitations: "encrypting an                                              
                 information set to produce a data set, the encryption based on a randomly generated                                              
                 number; determining an access formula expressing logical combination of the at least                                             
                 one group for which access to the information set will be granted, solution of the access                                        
                 formula by at least one solution group indicating that a consumer client belonging to the                                        
                 at least one solution group may access the encrypted information set; asymmetrically                                             
                 encrypting the randomly generated number using the determined access formula and                                                 
                 the public key for each of the at least one group granted access to the information set. .                                       
                 . ."  Accordingly, the limitations require using a randomly generated number to encrypt                                          
                 information, determining an access formula expressing logical combination of at least                                            








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