Appeal 2007-2437
Application 09/816,080
system that determines which bits to use for the key string. Appellant
argues that in contrast, Mayers discloses that the parity of the measurement
results are collated on a bitwise basis between the sending and receiving
parties (Br. 8). Thus, both the sending and receiving parties in Mayers are
involved in the testing procedure (Br. 8).
At the Oral Hearing on September 11, 2007, Appellant's
representative argued that the system of Mayers is based on quantum levels
which do not use a threshold value. Appellant argued that the photon is
either present or not present. Therefore, no threshold value is used in the
determination of which bit positions are used.
The Examiner maintains that the term "measuring the decoded signal"
is not defined in Appellant's Specification (Answer 5). The Examiner
maintains that Mayers determines the bits which correspond to
predetermined four sets of bases, and these bits are kept and the other bits
are discarded. The Examiner maintains that this implies adopting bits
having a measured value beyond a threshold value which is predetermined
(Answer 5).
We agree with the Examiner that Mayers teaches a determination of
the presence or absence of a photon which corresponds to a predetermined
set of bases and those bits are measured. We find the language of
independent claim 1 to be broad enough to read on the determination of the
presence of a photon and that those bits would be adopted on the bit-by-bit
basis as taught by Mayers. Mayers additionally discloses that "about half
the bits will correspond to cases where the selected bases constitute one of
the abovementioned four sets of bases; these bits are kept, and the other bits
are discarded." (Mayers col. 9, ll. 23-26). We find this to be a teaching of
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