Appeal No. 95-4184
Application 07/813,080
additional criteria. Moreover, although appellant's
application does not mention that activation is based on
licensing of software, since "[s]oftware is typically sold
under license" (Robert, col. 1, lines 45-46), it is probable
that part of the basis for authorization in appellant's method
would implicitly involve licensing.
The examiner acknowledges that Robert and Dunham do not
disclose step (f) and applies Calvert as evidence of
obviousness of automatically ordering parts (Examiner's
Answer, page 4). Appellant argues that "Calvert is teaching a
'repair' and is not teaching that a software/hardware
configuration analysis can be made and that hardware can be
automatically ordered at the customer site to overcome a
deficiency in the hardware configuration required by the
customer program selection" (Brief, pages 4-5). The examiner
disagrees with the argument for the following reasons
(Examiner's Answer, page 10):
First, Calvert clearly teaches "configuration analysis"
in that it is only by knowing what the correct
configuration is that an incorrect configuration that
needs repair can be determined. Second, if a part is
needed in order for a computer system to operate
correctly, the [sic, then] clearly the part is a
["]'deficiency in the hardware configuration'".
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