Ex Parte Cok - Page 4




              Appeal No. 2003-2149                                                                  Page 4                
              Application No. 09/498,379                                                                                  


                            As to claim 58, a third party of the decryption key is taught by Obata as                     
                     other entity (Fig. 1).                                                                               
                            Claims 59-62 are rejected for the similar reason as claim 57.                                 


                     The appellant's argument in the brief (Paper No. 11, filed February 12, 2003) is                     
              as follows:                                                                                                 
                            Applicant does not agree with the Examiner's conclusion that his invention                    
                     is obvious in light of Obata et al. and Mott et al. for the following reasons. Obata                 
                     describes a method for depositing a private key used in a crypto system that                         
                     includes the steps of dividing the private key into first and second parts at a user                 
                     entity and maintaining the first part at the user entity. The second part is                         
                     deposited from the user entity to another entity. In response to a user request                      
                     from the user entity, the second part is delivered to the user entity, and the first                 
                     and second parts are combined and used to decrypt data at the user entity.                           
                            Applicant's invention includes the feature of supplying encrypted data                        
                     along with a first part of the decryption key. The Examiner suggests that this                       
                     feature is disclosed by Obata at Col. 4, lines 45-60, and Col. 14, lines 11-38.                      
                     However a careful reading of the referenced sections reveals no mention of                           
                     Obata supplying encrypted data along with a part of a decryption key.                                
                            Mott discloses a system for targeting digital information to a playback                       
                     device, wherein an ID is embedded in the playback device and the ID is also                          
                     embedded in digital data supplied to the playback device. The IDs are compared                       
                     and the digital information is played if the IDs match. Mott does not teach, show                    
                     or suggest that the ID is a decryption key. Therefore Mott cannot be read as                         
                     suggesting supplying a part of a decryption key along with digital data to a                         
                     playback device.                                                                                     


                     The examiner's response to this argument in the answer (Paper No. 12, mailed                         
              May 16, 2003) is as follows:                                                                                








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