Appeal No. 2003-0946
Application No. 08/904,137
memory 43 (e.g., an EEPROM). Col. 5, l. 50 - col. 6, l. 5. As shown in Figures 14A and
14B, instruction data may be selectively linked to the different start addresses of the
function programs in program memory 45. In this way, when function programs are
updated or added, the decode program need not be updated; only the correspondence
tables shown in Figures 14A and 14B are updated or added. Col. 6, l. 55 - col. 7, l. 7.
We agree with appellants that Hirokawa fails to disclose decrypting a program for
storage on an IC card. When presented with the argument that Hirokawa discloses that
encrypting/decrypting section 39 is strictly for decrypting “data,” the examiner points to
column 6, lines 1 through 5 as support for the finding that the reference describes the
“data” memory as storing both data and programs. (Answer at 6.)
Hirokawa at column 6, lines 1 through 5, however, refers to the correspondence
tables of Figures 14A and 14B, which are stored in data memory 43. The programs
themselves are not stored in data memory 43, but in program memory 45. Hirokawa’s
second embodiment is directed to updating data memory 43, rather than the program
memory in which the function programs reside.
Hirokawa, in the second embodiment, refers to transferring “instruction data”
(e.g., col. 6, ll. 37-42). We acknowledge that a program may be considered as a form
of “data,” at least in the context of the program being transferred for storage in card
memory (e.g., col. 3, ll. 28-37). In particular, in Hirokawa’s first embodiment, a user
may add one’s own program to the IC card, with the program that is to be stored being
contained within a string of command text (Fig. 4). In Hirokawa’s second embodiment,
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