Ex Parte Dimenstein - Page 7



          Appeal No. 2004-1324                                                         
          Application No. 09/495,116                                                   
          by the Examiner, the combination would still fall short of                   
          teaching or suggesting the claimed authorizing the download from             
          the Approved Web Site and transmitting its encryption data.                  
          Accordingly, as the Examiner has failed to set forth a prima                 
          facie case of obviousness, we do not sustain the 35 U.S.C. § 103             
          rejection of 14, 15, 17-19, 21-31, 33-35, 37-43, 45-47 and 49-56             
          over Alles, Toader and Kupka.                                                
                                      CONCLUSION                                       
               In view of the foregoing, the decision of the Examiner                  
          rejecting claims 14, 15, 17-19, 21-31, 33-35, 37-43, 45-47 and               
          49-56 under 35 U.S.C. § 103 is reversed.                                     
                                       REVERSED                                        


                         JAMES D. THOMAS                )                              
                         Administrative Patent Judge    )                              
                                                        )                              
                                                        )                              
                                                        )                              
                                                        ) BOARD OF PATENT              
                         LANCE LEONARD BARRY            )     APPEALS                  
                         Administrative Patent Judge    )       AND                    
                                                        )  INTERFERENCES               
                                                        )                              
                                                        )                              
                                                        )                              
                         MAHSHID D. SAADAT              )                              
                         Administrative Patent Judge    )                              
          MDS/jlb                                                                      
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