Appeal No. 1996-3670 Page 15
Application No. 08/217,063
722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983)(quoting
In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA
1982)). Obviousness follows ipso facto, moreover, from an
anticipatory reference. RCA Corp. v. Applied Digital Data Sys.,
Inc., 730 F.2d 1440, 1446, 221 USPQ 385, 390 (Fed. Cir. 1984).
“[A]nticipation is a question of fact.” Hyatt, 211 F.3d at 1371,
54 USPQ2d at 1667 (citing Bischoff v. Wethered, 76 U.S. (9 Wall.)
812, 814-15 (1869); In re Schreiber, 128 F.3d 1473, 1477, 44
USPQ2d 1429, 1431 (Fed. Cir. 1997).
Here, we find that the columns cited by the examiner teach
that Molnar downloads, to a computer 42, installation software
called a “broadcast program” and software to be installed called
a “vended program” and then runs the broadcast program with
little or no input from a user. Specifically, before such
downloading, “the central site issues a validation code or key
that is received by the computer #42.” (Col. 15, ll. 65-66.)
The key then “enables the receiver #38 [associated with
computer 42] to access . . . a broadcast program that can load
the vended program from the broadcast stream and copy it onto a
storage medium that is available on the computer #42.” Col. 15,
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