Ex Parte SEHR - Page 8




                 Appeal No. 2003-2165                                                                                  Page 8                     
                 Application No. 09/067,093                                                                                                       


                         Here, Hiroya discloses an "electronic ticket vending and refunding system . . .                                          
                 comprising a plurality of electronic ticket vending and refunding devices 1 connected to                                         
                 the telephone line 4, a plurality of terminal devices 3, and a plurality of electronic ticket                                    
                 storage devices 2 which can be connected to the terminal devices 3. . . ."  Col. 11, ll. 49-                                     
                 55.  The passage cited by the examiner teaches that "[t]o judge the validity of an                                               
                 electronic ticket, when the electronic ticket has the constitution shown in FIG. 10, it is                                       
                 desirable to compare data in which the electronic signature is decrypted by using the                                            
                 public key PTk and the ticket information data 610 so as to check for identification."                                           
                 Col. 16, ll. 5.  We are unpersuaded, however, that the validity judgement is made after                                          
                 the electronic ticket has been purchased or responsive to data input to the electronic                                           
                 ticket storage device by sporting event staff.  To the contrary, Hiroya judges the validity                                      
                 of an electronic ticket when "purchasing [the] electronic ticket using the electronic ticket                                     
                 vending and refunding system. . . ."  Col. 12, ll. 61-62.  Furthermore, the examiner has                                         
                 not shown that Hiroya judges validity responsive to data input to the electronic ticket                                          
                 storage device by sporting event staff.                                                                                          


                         The examiner does not allege, let alone show, that the addition of Rosen,                                                
                 Pitroda, Merrill, Olah, or Benezet cures the aforementioned deficiency of Lebet and                                              
                 Hiroya.  Absent a teaching or suggestion of determining if an event ticket stored in a                                           









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