Appeal 2007-0463
Application 09/896,537
in the applicant's specification.” In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d
1023, 1027 (Fed. Cir. 1997).
Anticipation is a question of fact. In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997). “To anticipate a claim, a prior art
reference must disclose every limitation of the claimed invention, either explicitly
or inherently.” (Id.)
DISCUSSION OF ANTICIPATION REJECTION
Eyer’s disclosure relates generally to security apparatus for information
processing systems and is particularly useful in connection with the secure
transmission of premium television services via satellite or cable (col. 1, ll. 7-13).
Typically, a system subscriber is provided with a decoder connected between a
television signal source (e.g., cable feed or satellite receiver) and a television set
(col. 1, ll. 18-21). Each subscriber's decoder is remotely accessed by the system
operator to enable or disable the receipt of specific services such as the Home Box
Office (HBO) movie channel or special pay-per-view sports events (col. 1, ll. 21-
25).
Eyer explains that an example of a prior art communication system using
encrypted category keys and program keys is the VideoCipher® II+ scrambling
system produced and licensed by General Instrument Corporation of San Diego,
California, to provide encrypted satellite television communication (col. 1, ll. 49-
53). The encrypted category key is derived from a category key, a unit key
specific to a subscriber decoder, and access rights defining which services the
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