Ex parte BACON et al. - Page 3




          Appeal No. 1998-0460                                       Page 3           
          Application No. 08/480,765                                                  


          transactions required to download the program, and the memory               
          space where the program is to be stored.                                    




               Claim 12, which is representative for our purposes,                    
          follows:                                                                    
                         12.  A method of downloading program code                    
                    to change the control program for a computer in                   
                    a subscriber terminal of a subscription                           
                    television system, the method comprising the                      
                    steps of:                                                         
                         providing a memory in the subscriber                         
                    terminal for storing the control program;                         
                         storing in the memory a boot code program                    
                    operative for downloading new program code for                    
                    at least a portion of the control program of the                  
                    computer into the memory from a remote location,                  
                    the control program operative for controlling                     
                    predetermined features of the subscriber                          
                    terminal;                                                         
                         activating the boot code program in                          
                    response to a predetermined condition;                            
                         operating the computer under control of the                  
                    boot code program to download the new program                     
                    code from the subscription television system;                     
                    and                                                               
                         storing the new program code in the memory.                  

               The references relied on in rejecting the claims follow:               
          Cheung                   4,430,669                     Feb.  7,             
          1984                                                                        
          Bacon et al. (Bacon)     5,440,632                     Aug.  8,             
          1995                                                                        







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