Ex parte ITAMI et al. - Page 8




          Appeal No. 1998-2658                                       Page 8           
          Application No. 08/507,981                                                  


          examiner (answer, page 6), it would have been obvious “to                   
          combine the teachings of Orbach, IBM, and Itami to store the                
          first identification information in a user inaccessible area                
          of a recording medium as taught by Itami, and use the utility               
          program’s IEBCOPY to verify the identification information                  
          stored on the medium before copying the selected program to                 
          the recording medium because it would provide data security                 
          and prevent software from being unlawfully copied.”                         
               We find that in Orbach (col. 3, lines 32-63), after                    
          displaying available programs (software) to the user                        
          (functions 3 and 4) and allowing for program evaluation by the              
          user on computer 14 (function 5), the customer choice of the                
          program (software) to be purchased is accepted (function 6).                
          The customer may then be asked to choose a format for the                   
          carrier (disk), (function 7).  After this selection is                      
          completed, a batch file is created (col. 4, lines 39-42),                   
          which includes the name of the selected software package and                
          echoes the customer’s I.D.  The purchased program is then                   
          written to the carrier (function 8).  The customer I.D.,                    
          program identification, etc., are incorporated on the program               
          and a sales report is printed out (function 9).                             







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