Ex Parte MIYAZAKI et al - Page 8



          Appeal No. 2003-1329                                                         
          Application No. 09/131,386                                                   

          a part of the entire work or the sections the rights correspond              
          to (col. 11, lines 45-53) and are not replaced by a second set.              
               We further find Appellants’ arguments differentiating the               
          claimed invention and the teachings of Stefik based on the lack              
          of suggestion for a specific modification of the reference, to be            
          persuasive.  As discussed above, what the Examiner characterizes             
          in Stefik as the suggestion for including a logic conversion                 
          software generator (answer, page 8), is actually a general                   
          suggestion for implementing a usage rights scheme for preventing             
          unauthorized attempts to use licensed products.  In fact, the                
          desire for preventing piracy does not suggest any specific                   
          modification to Stefik that would have made one of ordinary skill            
          in the art to modify the disclosed usage rights scheme to                    
          encompass the claimed logic conversion software generator that               
          includes a second logic scheme.  In that regard, Stefik merely               
          attaches usage rights to the digital work which are permanent and            
          cannot be replaced by a second logic scheme.  Thus, Stefik does              
          not disclose or suggest the recited features of  claim 11, nor               
          the other independent claim 22 which recites the steps of                    
          generating and transmitting logic conversion software and                    
          converting the first logic scheme into the second logic scheme.              

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