Appeal 2007-1319
Application 09/797,017
We sustain the § 101 rejection of claim 28, and that of claims 35 and
41, not separately argued. See 37 C.F.R. § 41.37(c)(1)(vii). We enter a new
§ 101 rejection against additional claims, infra.
Claims 24-33, 35-44, and 68-82 -- § 102(e) over Krishnan
Appellant submits that claim 28 is representative of the invention for
purposes of our review of the § 102 rejection over Krishnan. (Appeal Br.
14.) All the claims thus may stand or fall with claim 28.
Instant claim 28 recites a digital license for specifying rights with
regard to corresponding digital content. The digital license specifies (at a
minimum) “at least one” (an) event and “at least one of” (one of) a condition
precedent to allowing the event to proceed and an action to be taken once the
event has occurred. In claim 28, the specified event is a storage of the
license on a computer storage device.
Krishnan describes a secure digital commerce (DCS) system having a
DCS client and a DCS server. The DCS client includes a plurality of client
components, which are downloaded by a boot program onto a customer
computer system in response to requesting an item of merchandise to be
licensed or purchased. The downloaded client components include a secured
(e.g., encrypted) content file that corresponds to the content of the requested
item and licensing code that is automatically executed to ensure that an item
of merchandise is properly licensed before a customer is permitted to operate
it. The DCS server includes a licensing and purchasing broker that generates
and returns a secure electronic licensing certificate in response to a request
to license the requested item of merchandise. The generated electronic
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