Appeal No. 2002-1697 Page 7
Application No. 09/023,039
stored on a portable storage unit 22 such as, and hereinafter referred to as CD-
ROM 22." Col. 4, ll. 12-15. The system uses a computer to provide a specific type of
data, viz., menu data, to an individual. Specifically, "[w]hen the user 26 loads the CD-
ROM 22 into its CD-ROM reader, the user is presented with a menu on the computer or
television monitor or screen which indicates what data is stored on the CD-
ROM 22." Id. at ll. 39-42 (emphases added). We are unpersuaded, however, that the
system obtains the user's consent to computer-aided delivery of additional data of the
same type. To the contrary, "the user 26 communicates with the billing/access
center 23 . . . sending a request for a particular access code. Upon authorization,
billing/access center 23 downloads or sends to the user 26 . . . an access code to
decrypt the data." Id. at ll. 48-54. The access code comprises data different from the
menu data (and different from the encrypted data stored on the CD-ROM.)
The examiner also "refer[s] to Tanaka's abstract, in which he discloses that a
trader will contact the contractor with confirmation information, and in response, the
contractor reconfirms the fairness of the trading data using at least a portion of the
confirmation information. . . ." (Examiner's Answer at 4.) For its part, the reference
discloses "an automatic trading method and apparatus wherein a confirmation
procedure is provided to verify that a subject trade is properly authorized." Col. 1, ll. 8-
11. We are unpersuaded, however, that the method or apparatus obtains a user's
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