Appeal No. 96-0651
Application No. 08/087,164
modify Herh in order to arrive at the instant claimed subject
matter.
While the examiner attempts to correlate the elements of
claim 1 with those disclosed by Herh, at pages 3-5 of the
answer, the examiner ascribes functions to the “control
means,” 14 of Herh [see page 4 of the answer], which simply
are not present in Herh. For example, we find no suggestion
in Herh, and the examiner has not clearly delineated where, in
Herh, such function may be found, for the control means
operable for executing the boot program to receive
updated operating code packets from the local host
computer, for checking the validity of the packets
and replacing the existing operating code in the
memory means with the updated operating code
received by the communications interface means from
the local host computer.
Similarly, with regard to claim 12, the examiner sets
forth a correlation, at pages 9-10 of the answer, of claimed
elements with what is taught by Herh. However, we find no
suggestion in Herh, and the examiner has not clearly
delineated where, in Herh, there is support for a control
means which executes software for initiating a telephone call
to the remote computer [it would appear that Herh waits for
the call in response to a flag being set] and which downloads
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007