Ex Parte Hans et al - Page 5




             Appeal No. 2006-0799                                                                                                     
             Application No. 09/795,990                                                                                               


                   The appellants argue that Krishnan does not disclose a royalty payment manager                                     
             configured to authorize payment in response to a digital content registration                                            
             confirmation as required by claim 13, or authorizing payment upon registration of digital                                
             content as required by claim 19 (brief, pages 13-14).  The term “registration of digital                                 
             content” is sufficiently broad to encompass Cook’s indexing of digital content.                                          
             Krishnan’s disclosure of payment upon purchase (col. 9, lines 12-16) would have fairly                                   
             suggested, to one of ordinary skill in the art, authorizing payment when digital content is                              
             added to Cook’s index.  Hence, we affirm the rejection of claim 19.  However,                                            
             the examiner’s argument that “Krishnan discloses a comprehensive license verification                                    
             mechanism that confirms the various parameters of a valid licenses prior to authorizing                                  
             access and thereafter making a corresponding payment to the licensing broker (figures                                    
             4, 11, 12 and associated text)” (answer, page 11) does not explain how Cook or                                           
             Krishnan discloses payment in response                                                                                   
             to a digital content registration confirmation.  Consequently,                                                           
             we reverse the rejection of claim 13 and its dependent claim 14.                                                         
                                                  DECISION                                                                            
                   The rejection of claims 1-11, 15-17, 21-23 and 25-29 under 35 U.S.C. § 102(e)                                      
             over Cook is affirmed as to claims 1, 5-10, 15, 21, 22 and 25-28, and reversed as to                                     
             claims 2-4, 11, 16, 17, 23 and 29.  The rejection of claims 12-14, 18-20 and 24 under                                    



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