Ex Parte Dutta - Page 2



           Appeal No. 2005-1636                                                                      
           Application No. 09/726,272                                                                

           Representative claim 37 is reproduced as follows:                                         
                 37.   A computer implemented method comprising:                                     
                       obtaining, at a third party logging server, a                                 
           plurality of digital works from a plurality                                               
           of provider computer systems;                                                             
                                                                                                    
                 storing the received digital works on a nonvolatile                                 
                       storage device accessible from the third party                                
                       logging server;                                                               
                       receiving, at the third party logging server, a                               
           product sale request from a merchant computer                                             
           system, wherein the product sale request is                                               
           received over a computer network;                                                         
                       transmitting, from the third party logging server                             
           through the computer network to the merchant                                              
           computer system, one or more of the digital                                               
           works, wherein the merchant computer system is                                            
           adapted to provide the transmitted digital                                                
           works to one or more customer computer                                                    
           systems; and                                                                              
                       recording, at the third party logging server, a                               
           sales record corresponding to the product sale                                            
           request.                                                                                  
           The examiner relies on the following references:                                          
           Pettitt                         5,864,620           Jan. 26, 1999                         
           Robinson et al. (Robinson)      5,915,022           Jun. 22, 1999                         
           Claims 37-72 stand rejected under 35 U.S.C. § 103(a).  As                                 
           evidence of obviousness the examiner offers the collective                                
           teachings of Pettitt and Robinson.                                                        



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