Ex parte ITAMI et al. - Page 11




          Appeal No. 1998-2658                                      Page 11           
          Application No. 08/507,981                                                  


          program identification information in Orbach’s ordering system              
          onto the medium as a first identification information.  The                 
          examiner (answer, page 4) further relies upon the name of the               
          software on the disk as the second identification means.  We                
          find that Orbach teaches writing the name of the software                   
          (program identification) onto the program on the disk (col. 3,              
          lines 57-59).  However, as the second information means is                  
          already written on the disk by Orbach, we see no reason or                  
          suggestion as to why one of ordinary skill in the art would                 
          have modified Orbach to have added the same identification                  
          information to a nonaccessible area of the disk, as a first                 
          identification means (answer, page 6), and then compare the                 
          two identification means before writing the software to the                 
          disk.                                                                       
               The examiner’s reasoning for the modification (answer,                 
          page 6) is to provide data security and prevent software from               
          being unlawfully copied.  We agree with the examiner that                   
          Orbach suggests adding anti copying protection onto the                     
          written program (function 10) (col. 4, lines 1 and 2).  In                  
          addition, the prior art to Itami, IBM and Orbach as a whole                 
          suggest comparing information prior to copying, to ensure that              







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