Ex parte BACON et al. - Page 10




          Appeal No. 1998-0460                                      Page 10           
          Application No. 08/480,765                                                  


          downloading new program code ....”  Also similarly, claims 57-              
          62 each specify in pertinent part the following limitations:                
               A method of downloading program code to change the                     
               control program for each computer in a selected set                    
               comprising one or more subscriber terminals in a                       
               subscriber base of a subscription television system,                   
               the method comprising the steps of:                                    
                    ...                                                               
                    determining the selected set of subscriber                        
               terminals in the subscriber base for receiving new                     
               program code for the control program;                                  
                    ...                                                               
                    in response to determination by a particular                      
               subscriber terminal that it is a member of the                         
               selected set, operating the computer associated with                   
               the particular subscriber terminal to download the                     
               new program code from the subscription television                      
               system ....                                                            
          In addition, claim 63 similarly specifies in pertinent part                 
          the following limitations:                                                  
               A method of downloading program code to change the                     
               control program for the computer of the subscriber                     
               terminals in a subscriber base of a subscription                       
               television system, the method comprising the steps                     
               of:                                                                    
                    ...                                                               
                    globally transmitting the new program code to                     
               each subscriber terminal in the subscriber base ...;                   
                    ...                                                               
                    in response to determination by a subscriber                      
               terminal that the new program code is globally                         
               transmitted, operating the computer associated with                    
               the subscriber terminal to download the new program                    
               code from the subscription television system ....                      









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