Application No. 09/304,644
Appeal No. 2004-0887
computer that requested the content, and decoding the digital
content at the requesting computer. Löfberg discloses that, at
the place of the user, content is simultaneously decoded and
marked with personal identification information that has been
stored in a memory (col. 13, lines 19-28). Thus, Löfberg would
have fairly suggested, to one of ordinary skill in the art, for
content that is sent from a computer to a requesting computer,
storing the personal identification information at the requesting
computer and, at the requesting computer, concurrently reading
the personal identification from that storage, decoding the
content, and marking the content with the personal identification
information.
The appellants argue that Löfberg and Holmes fail to
disclose or suggest sending the decoding program along with
encoded digital content (brief, page 19; reply brief, page 4).
Claim 94, however, does not require that the digital content and
the decoding program are sent together. The claim merely
requires “sending the encoded digital content and the decoding
program to the information terminal”, which encompasses sending
the encoded digital content and the decoding program from
different sources and at different times. Because, as discussed
above, Löfberg and Holmes would have fairly suggested, to one of
ordinary skill in the art, decoding content at a requesting
computer, those references would have fairly suggested, to such a
person, decoding the content using a decoding program which has
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