Appeal No. 1997-2158 Page 8
Application No. 08/234,239
The examiner fails to show a teaching or suggestion of
the limitations in the prior art. Francisco’s electronic
indicia, on which the examiner relies, are not instructions at
all. Each electronic index is a numeral that is “uniquely
characteristic of the total number of binary 1's and binary
0's of a software program ....” Francisco, abs., ll. 4-5.
Moreover, the indicia do not indicate the invalidity of data.
The examiner admits, “Francisco does not store forms of data
which are indicative of invalidity of data.” (Final Rejection
at 2.) Rather than indicating the invalidity of data, the
electronic indicia “uniquely and selectively identif[y] the
submitted program.” Col. 2, ll. 28-29.
Furthermore, the reference does not test a computer
program or file for the presence of the electronic indicia let
alone for the presence of instructions that are characteristic
of a computer virus. The examiner admits that Francisco
instead performs “comparison of the indicia ....”
(Supplemental Examiner’s Answer at 2.) More specifically,
Francisco compares “first and second electronic identification
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007