Appeal No. 2003-0946
Application No. 08/904,137
OPINION
Appellants argue that, contrary to the rejection of all the claims as being
anticipated by Hirokawa, the reference fails to disclose decrypting a program to be
stored on the IC card. According to appellants, the decryption with respect to the IC
card in the Hirokawa system operates on instruction data, rather than operating on a
program to be stored on the card. (Brief at 9-14.)
We find that Hirokawa discloses three distinct embodiments of the invention. In
the first (col. 2, l. 60 - col. 5, l. 21), IC card 1 (Fig. 1) includes data memory 4
(comprising a PROM). Data memory 4 (Fig. 3) is made up of system program area 4a,
user program area 4b, and data area 4c. Col. 2, l. 60 - col. 3, l. 27. A user may add a
user program into user program area 4b, provided that the same program is not
contained in system area 4a. Col. 4, ll. 13-51. In Hirokawa’s third embodiment (col. 7,
l. 3 - col. 8, l. 21), a function program may be added to a program memory, comprising
an EPROM or EEPROM.
Hirokawa’s second embodiment (col. 5, l. 22 - col. 7, l. 2) is the most relevant to
the aspect of the claimed invention that is in controversy. In particular, Hirokawa
describes an encrypting/decrypting section 39 (Fig. 10), which encrypts data when data
is transferred from CPU 11 (i.e., external programming CPU 11; Fig. 7) to another
terminal device, and which is also for “decrypting encrypted data.” Col. 5, ll. 25-49.
Hirokawa further describes a process for storing start addresses of function programs in
program memory 45 (e.g., a mask ROM) by writing different function codes into data
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