Ex Parte BOESJES - Page 3




          Appeal No. 2003-0108                                                        
          Application No. 09/123,778                                                  


                    causing in response to a purchase order made by the               
                         shopper a transfer of an ordered member item of              
                         the set of digitally transferable goods by                   
                         downloading to the shopper the ordered member item           
                         by way of the globally accessible computer network           
                         from the storage and distribution region; and                
                    providing for the remotely located provider whose                 
                         member item was ordered and transferred an                   
                         accounting record of the transfer of the ordered             
                         member item.                                                 
               The references relied on by the examiner are:                          
          Sirbu et al. (Sirbu)          5,809,144           Sep. 15, 1998             
                                                  (filed Aug. 24, 1995)               
          Chen                          5,978,775           Nov.  2, 1999             
                                   (effective filing date Dec.  8, 1993)              
               Claims 55 through 78 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Chen in view of Sirbu.                           
               Reference is made to the briefs (paper numbers 19 and 21)              
          and the answer (paper number 20) for the respective positions of            
          the appellant and the examiner.                                             
                                       OPINION                                        
               For all of the reasons expressed by the appellant in the               
          briefs, and for the additional reasons set forth infra, the                 
          obviousness rejection of claims 55 through 78 is reversed.                  






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