Ex parte BACON et al. - Page 12




          Appeal No. 1998-0460                                      Page 12           
          Application No. 08/480,765                                                  




               The examiner fails to show a teaching or suggestion of                 
          the limitations in the prior art.  Although Cheung teaches                  
          downloading, it does not teach downloading program                          
          instructions or using the download to change a control program              
          executed by a processor.  Rather than downloading program                   
          instructions, the reference’s television receiver downloads                 
          data that represent operating parameters.  Specifically, a                  
          “subscriber identification number, station identification                   
          number and time of future special program broadcast is stored               
          ....”  Col. 9, ll. 11-14.                                                   


               Instead of changing a control program, moreover, Cheung’s              
          receiver uses the downloaded data to tune into and descramble               
          a broadcast.  Specifically, “the time of broadcast of the                   
          special program as well as other identifying information,                   
          transmitted with the subscriber identification number, is                   
          stored in memory and recalled at the time of the special                    
          broadcast for tuning the frequency associated with the special              
          broadcast.”  Col. 2, ll. 40-45.  In addition, “the                          
          [receiver’s] memory 36 must have been previously programmed                 







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