Ex Parte Cordery et al - Page 4



          Appeal No. 2004-0831                                                        
          Application 09/650,176                                                      


          claim 35 on appeal.  To account for these differences, the                  
          examiner looks to Fischer ‘200, urging that this patent teaches             
          a method for authenticating digitally represented data such as              
          computer files, letters, graphic files, etc., wherein a digest of           
          the object (e.g., a digital message) is created and a trusted               
          authority is provided for digitally signing the object to certify           
          its authenticity.  The examiner then concludes that it would have           
          been obvious to combine the systems of Windel and Fischer so as             
          to gain certain advantages as set forth on page 4 of the answer,            
          and presumably to result in the method set forth in claim 35 on             
          appeal.                                                                     

          After a careful evaluation of the teachings and suggestions                 
          to be derived by one of ordinary skill in the art from the                  
          disparate systems described in Windel and Fischer ‘200, it is               
          our opinion that the examiner has failed to meet his burden of              
          establishing a prima facie case of obviousness.  More particu-              
          larly, we are of the view that the examiner's reasoning in                  
          support of the obviousness rejection before us on appeal (as                
          expressed on pages 3-6 of the answer) is essentially based on               


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