Ex Parte Fernandez - Page 2




            Appeal No. 2004-0007                                                    Page 2             
            Application No. 09/844,105                                                                 


            numerical representations of the levels of charges trapped in the memory cells in which    
            the value related information is stored (specification, page 12).  As more fully explained 
            in U.S. Pat. No. 5,644,636, issued to appellant on July 1, 1997 and incorporated by        
            reference into the present application, previous levels of trapped charges for the         
            memory cell and the total number of write cycles applied to the memory cell, known as      
            the history of the memory cell, contribute to the pattern of the trapped charges in        
            memory cells.  Thus, the pattern of the trapped charges in memory cells of a memory        
            array will vary randomly with each programming event, even when the same memory            
            cell is programmed with the identical data (see column 4, lines 9-17 of the Fernandez      
            patent).  This stored reference fingerprint can then be compared with the pattern of       
            trapped charges in the memory cells of the portable card when the card is presented for    
            use in a transaction.  If the stored and actual reference fingerprints do not match, the   
            transaction will be refused.  Appellant’s system “protects against counterfeiting and      
            provides for a high level of confidence in the integrity of the data without the need for  
            complicated and expensive communications systems to verify each individual                 
            transaction” (specification, page 6).  A copy of the claims under appeal is set forth in the
            appendix to the appellant's brief.                                                         
                  The examiner relied upon the following prior art references of record in rejecting   
            the appealed claims:                                                                       
            Johnson                             5,598,474               Jan. 28, 1997                  
            Yamaguchi et al. (Yamaguchi)        6,314,196               Nov.  6, 2001                  
                                                                  (filed Mar. 7, 1997)                 






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