Ex Parte Fernandez - Page 4




              Appeal No. 2004-0007                                                                   Page 4                 
              Application No. 09/844,105                                                                                    


              ensure the authenticity of the stored data, the contents of the n-th byte are then                            
              subtracted from or added to the conversion key number to reconstruct the key number.                          
              The reconstructed key number is then compared with the entered key number to                                  
              determine whether the data is authentic.                                                                      
                     Johnson discloses a process including the steps of reading a biological                                
              characteristic, such as a fingerprint, deciphering it and converting it to a unique number,                   
              and encrypting the unique number onto an ID card, such as an ATM card.  When the                              
              card is used, the user’s fingerprint is read by a reader, which then deciphers the                            
              fingerprint and compares the result to the encrypted number to determine if the user is                       
              an authorized user.                                                                                           
                     With respect to independent claims 1, 26, 35 and 41, the examiner has                                  
              determined that “Yamaguchi does not disclose a read unit for reading the value                                
              information and reading the reference fingerprint to determine if the value information is                    
              authentic (which is equivalent to a process of authenticating a fingerprint or encrypting a                   
              fingerprint)” (answer, pages 4, 5 and 6) and that it would have been obvious “to modify                       
              the fingerprint registering of Yamaguchi by including the process for encrypting a                            
              fingerprint taught by Johnson because such modification would ensure that the                                 
              transaction is carried out by the legal owner of the memory card” (answer, pages 4, 5                         
              and 6).  Even assuming that the modification proposed by the examiner were made to                            
              Yamaguchi’s system, such modification would not address the feature (a read unit for                          
              reading the value information and reading the reference fingerprint to determine if the                       






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