Ex Parte Gross - Page 9




          Appeal No. 2004-0434                                                        
          Application No. 09/836,686                                                  


          (5) Berstis teaches in column 3, at lines 14-24, copy control               
            information including a count of the number of permitted                  
            copies.                                                                   
          (6) Berstis teaches in column 6, at lines 59-61, the digital file           
            and part of its copy control information, are transferred                 
            between the source device and target device.                              
          (7) Berstis teaches in column 9, at lines 14-15, there may be               
            another digital file storage device before the source device              
            in the file transfer string, "[i]f the file is not present at             
            the source, it may be necessary to obtain it."                            
          (8) Berstis teaches a similar multi-stage transfer to (7) above             
            at figure 4, items 44 and 40 (which comprises items 24 and                
            26), as discussed in part at column 7, line 64, to column 8,              
            line 35.                                                                  
          (9) Berstis teaches in column 5, at lines 29-31, "copies are                
            controlled throughout the systems and networks until their                
            final rendering place."                                                   
          (10) Berstis teaches in column 8, at lines 21-26, and column 9,             
            at lines 45-62, client 40 tracks the current count and                    
            periodically reports to the management server.                            
               Appellant's argument that, "there is no teaching or                    
          suggestion to send a transfer count from a first portable device            
          to a second portable device" is not persuasive.  As listed above,           

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