Ex Parte Dathathraya - Page 10


               Appeal No. 2006-3120                                                                         
               Application No. 09/944,695                                                                   


                      (1) decrypts the symmetric key with the printer’s private key;                        
                      (2) decrypts the print data with the symmetric key; and                               
                      (3) prints the image based on the print data.                                         
               [Mazzagatte, Fig. 8, steps S802-S814; col. 11, line 40 – col. 12, line 3; emphasis           
               added].                                                                                      
                      Here again, the print data is encrypted with the symmetric key that is, in            
               turn, encrypted with the printer’s public key.  As we indicated with respect to the          
               embodiment of Fig. 7A, the public key (i.e., the printer’s public key) indirectly            
               encrypts the print data via the symmetric key.  Likewise, the printer’s private key          
               decrypts the print data indirectly via the symmetric key.                                    
                      Turning to claim 12, the claim merely calls for, in pertinent part, encrypting        
               documents to be printed with a public key and decrypting the documents with a                
               private key corresponding to the public key.  The scope and breadth of the claim             
               language simply does not preclude Mazzagatte’s indirect public/private key                   
               encryption and decryption of print data.  Although appellant argues that the user            
               does not control the private key in Mazzagatte and therefore such a system is not            
               as secure as that of the claimed invention, appellant’s arguments are simply not             
               commensurate with the scope of the claim.                                                    
                      In short, the embodiments of both Fig. 7A and 8 of Mazzagatte actually                
               anticipate at least claim 12.  Nevertheless, obviousness rejections can be based             
               on references that happen to anticipate the claimed subject matter.  In re Meyer,            
               599 F.2d 1026, 1031, 202 USPQ 175, 179 (CCPA 1979).  Moreover, in affirming                  


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