Appeal No. 2002-0349
Application No. 09/442,352
Although the examiner contends that the artisan would have
been led to make the combinations in order to allow a user an
opportunity to evaluate software before purchase “while providing
a convenient delivery system” (Paper No. 4-pages 3 and 4),
appellant maintains that Stringer did not recognize that this
approach would be “convenient” and that Hornbuckle and Ananda
“did not recognize the wisdom of two versions as taught by
Stringer” (brief-page 11).
Again, we are unpersuaded of error in the examiner’s
position by appellant’s argument since it is unimportant whether
the individual references recognized specific teachings of other
references. Rather, under a § 103 analysis, one looks to what
the totality of the teachings of the applied references would
have suggested to those skilled in the art.
In the instant case, we have Stringer’s disclosure of the
concept of providing two versions of certain data, an original
form and a degraded, or “denatured,” form, the denatured form
providing limited use of material and the original form providing
unrestricted use upon payment of a fee and being given an unlock
code. We also note that Stringer provides for a “bidirectional”
process (abstract) and that materials may be delivered over
“broadcast chanels” (column 4, line 51). Either one of
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