Appeal No. 2003-1329
Application No. 09/131,386
led to modify the prior art or to combine prior art references to
arrive at the claimed invention. See also In re Rouffet, 149
F.3d 1350, 1355, 47 USPQ2d 1453, 1456 (Fed. Cir. 1998). Our
reviewing court requires this evidence in order to establish a
prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984); In re Cofer, 354 F.2d 664,
668, 148 USPQ 268, 271-72 (CCPA 1966).
After reviewing Stefik, we agree with Appellants’ assertion
that the claimed logic conversion software generator that
generates a second logic scheme to replace the first logic
scheme, is absent in the reference. Stefik relates to a system
for controlling usage and distribution of digital works wherein
the owner of a digital work can attach usage rights to the work
which may be stored in a secure repository (col. 3, lines 51-60).
The usage rights are permanently attached to the digital work
which still remain attached when copies of the work are made
(col. 6, lines 51-56). Stefik further discloses that the usage
rights are treated as a part of the digital work such that when a
copy is loaned out from the repository, further rights to loan
out the copy is prohibited such that the users cannot grant more
rights than they have (col. 11, lines 33-44). Therefore, the
usage rights are transferred with the digital work and are always
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