Ex Parte Garay et al - Page 12

               Appeal 2007-0930                                                                             
               Application 10/014,763                                                                       
           1   different digital signatures.  While we do find that Aura teaches two keys                   
           2   with the same value, one in the mobile device and one in the HLR/AUC,                        
           3   these keys are used to generate the same digital signatures.  Thus, regardless               
           4   of the ambiguity of claim 3, we do not find that Aura teaches the limitations                
           5   of claim 3, and we will not sustain the Examiner’s rejection of claim 3.                     
           6   Claims 4 and 5 depend upon claim 3 and are also rejected as being                            
           7   anticipated by Aura.  We will not sustain the Examiner’s rejection of claims                 
           8   4 and 5 as for the reasons discussed with claim 3.                                           
           9          Claims 6, 7, 9, and 10.                                                               
          10          On pages 8 and 9 of the Brief, Appellants argue that the rejection of                 
          11   claim 3 is in error for the reasons asserted with respect to claim 1 and                     
          12   because Aura does not disclose a secret key pair.  Appellants’ further                       
          13   arguments have not convinced us of error in the Examiner’s rejection of                      
          14   claims 6, 7, 9, and 10.                                                                      
          15          Claim 6 recites “wherein the first digital signature comprises a                      
          16   signature s1on a message m, the signature s1 being generated using a secret                  
          17   key s’ of a key pair (s’, p’) associated with the user device.”  Initially, we               
          18   note that the term s’ and p’ are designators and import no meaning into the                  
          19   claim other than to differentiate the keys.  Further, we note there is no                    
          20   limitation in claim 6 which recites that the keys s’ and p’ are of different                 
          21   values or produce different results.  Further, we note that the claim is                     
          22   broadly written such that it encompasses the situation where a) key s is                     
          23   associated with the user device and is part of a key pair or b) where the key                
          24   pair is associated with the user device.  It is situation a) that Aura teaches.              
          25   As discussed above in Aura there is a key Ki in the HLR/AUC (the user                        
          26   device) and another key Ki in the mobile station.  The key in the HLR/AUC                    

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