Appeal No. 96-0651
Application No. 08/087,164
While we agree with the examiner, in general, that Herh
discloses a modem with remote firmware update capability and
that Herh teaches many of the same elements recited in the
instant claims, the instant claims recite structure and
function which is not taught or suggested by Herh.
The instant claims all require a local computer and
specific interaction between that local computer and the modem
and remote computer. For example, in independent claim 1,
data is transferred between the modem and the local computer
regarding the updated operating code received from the remote
computer and updated operating code packets are received from
the local computer. The local computer also is recited as
executing software for initiating a telephone call to the
remote computer and for controlling downloading of the updated
operating code from the remote computer. The local computer
is further recited as executing software for placing the
updated operating code into updated operating code packets to
control transfer of the packets from the local host computer
to the modem.
While Herh might be said to suggest a local computer as
being connected to the modem 10 via the DTE interface 48 [see
4
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