Appeal No. 96-0651
Application No. 08/087,164
because Herh has no need of such “packets” since all of the
necessary processing of the updated operating code information
takes place within the modem itself. Therefore, the claimed
interaction between the modem and the local host computer and
the claimed processing by the local host computer in creating
the “packets” are not taught or suggested by Herh.
The reference to Seibert, applied together with Herh with
regard to claims 3, 6 and 12, does not provide for the
deficiencies of Herh.
Accordingly, we will not sustain the rejection of claims
1 through 4, 6 and 10 through 12 under 35 U.S.C. 103.
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