Appeal No. 2003-2149 Page 5
Application No. 09/498,379
Appellant's arguments are based on believing that Obata (U. S. Patent
6,072,876) fails to teach supplying encrypted data along with a part of a
decryption key. Obata teaches supplying a part of encryption/decryption key
(column 4 lines 45-60 and column 14 lines 11-38). There are only two ways that
crypto keys can be delivered: keys are delivered alone, or keys are delivery with
encrypted/decrypted data. It would have been obvious to one of ordinary skill in
the art to choose either method of delivering crypto key according to user's
design choice because of the following two main reasons:
First, appellant has no mention of any advantages in the specification that
choose sending crypto key along with encrypted data over sending the crypto
key alone; and also, appellant has no mention that choosing sending crypto key
along with encrypted data rather than sending the crypto key alone is used for a
particular purpose, or solves a stated problem. See, In re Chu, 36 F.3d 292, 36
USPQ2d 1089 (Fed. Cir. 1995); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA
1975).
Secondly, sending crypto key along with encrypted data or sending crypto
key alone performs equally well to appellant's claimed invention: either method
results user to receive a crypto key so that the user can the key to encrypt or
decrypt data. See, In re Gal, 980 F.2d 717, 720-21, 25 USPQ2d 1076,
1078-1079 (Fed. Cir. 1992); In re Launder and Hosmer, 222 F.2d 371, 105
USPQ 446 (CCPA 1955).
Thus, it would have been obvious to one of ordinary skill in the art to
realize that it is indeed a design choice in Obata's system to use either method to
deliver crypto keys.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
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