Ex Parte Eschbach - Page 5




               Appeal No. 2006-0775                                                                                                  
               Application No. 09/356,940                                                                                            

               of a plurality of indicia prior to generating the passwords that are then associated with the indicia                 
               all at once and in sequence, whereas the originally filed disclosure “describes a process of storing                  
               a single indicia, generating a single password, and then associating that single password with that                   
               indicia.”  The examiner concludes (answer, pages 4 and 5) “[w]hile, according to the original                         
               disclosure, the process can be repeated for additional indicia one at a time (i.e., in series; refer to               
               specification page 7, top paragraph), the original disclosure does not support associating plural                     
               passwords with plural indicia all at once (i.e., in parallel).”                                                       
                       We agree with the examiner’s position.  The claims as drafted clearly state that a                            
               “plurality of indicia” is stored in the data storage source prior to the generation of the plurality of               
               passwords, whereas the originally filed disclosure specifically discloses that a single indicia is                    
               stored, and then an associated password is generated (specification, page 7; Figure 4).  After all                    
               of the indicia are stored, and all of the passwords are generated, then “each” of the plurality of                    
               passwords in the claims on appeal is uniquely associated with a respective “one” of the plurality                     
               of indicia in sequence.  Thus, the lack of written description rejection is sustained because the                     
               originally filed disclosure does not provide support for claims 33 through 52 on appeal.                              
                       Turning next to the obviousness rejection of claims 45 through 48 and 53 based upon the                       
               teachings of McIntosh and either He or Noll, appellants and the examiner agree that McIntosh                          
               does not disclose “password circuitry comprising a random number generator for randomly                               
               generating a plurality of passwords” (answer, page 7; brief, pages 5 and 6; reply brief, page 4).                     




                                                                 5                                                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007