Ex Parte RICHARDS - Page 16




          Appeal No. 2000-1508                                      Page 16           
          Application No. 08/810,442                                                  


          1983); Kalman v. Kimberly-Clark Corp., 713 F.2d760, 771, 218 USPQ           
          781, 789 (Fed. Cir. 1983)).                                                 


               Here, we find that Gammie’s decoders also receive all                  
          externally supplied input via a single port, viz., a satellite              
          link port; its keys and program content are received only via the           
          single port.  Specifically, “[t]he scrambled programs and the key           
          are transmitted through satellite link 105, and received by                 
          conditional-access decoder 106.”  Col. 2, ll. 45-57.  Although              
          Figure 5 depicts two paths for programs and keys, the depiction             
          is merely functional.  The Figure also shows that the programs              
          and keys are both transmitted via a single satellite link 505.              
          Furthermore, “‘[e]very patent application and reference relies to           
          some extent upon knowledge of persons skilled in the art to                 
          complement that [which is] disclosed. . . .’”  In re Bode, 550              
          F.2d 656, 660, 193 USPQ 12, 16 (CCPA 1977) (quoting In re                   
          Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 424 (CCPA 1973)).                 
          Those persons “must be presumed to know something” about the art            
          “apart from what the references disclose.”  In re Jacoby, 309               
          F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962).  Here, based on the           
          showing that the programs and keys are both transmitted via the             
          single satellite link 505, we find that person skilled in the art           







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