Appeal No. 1998-0460 Page 11
Application No. 08/480,765
Furthermore, claims 68-70 each specify in pertinent part the
following limitations:
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:
...
... a download routine 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;
...
in response to receipt of the download immediate
command, operating the computer under control of the
download routine to download the new program code
....
Because neither the specification nor the file history
defines the term “code” nor suggests that the appellants
sought to assign a meaning to the term different from its
ordinary and accustomed meaning, that is the meaning we must
give it. Code is “a generic term for program instructions
....” Microsoft Press Computer Dictionary 78 (1994) (copy
attached). A program is “a sequence of instructions that can
be executed by a computer.” Id. at 319. In view of these
meanings, the common claim limitations recite downloading
"program code" instructions used to change a control program
executed by a processor.
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