thats fine,
it should load the title screen, then you click tap to start and you get that, etc.
just make sure you downloaded the right file from the DIS service, and make sure you copy it back to your NAND
System Settings -> Data Management -> DSiWare -> SD -> Game -> Copy
Right, and I tried tap to start several times to get it to freak out and nothing happened.
I've tried a few times to re-download sudoko, move it to my SD card, move it to my PC, patch it via DIS, re-name it to overwrite original, move it to my SD card, copy it back to system. (I think I've down that at least 3 times)