Ex parte KUMAR et al. - Page 6




          Appeal No. 96-2693                                                          
          Application No. 08/018,972                                                  


          80x86 CPU.  Appellants' disclosure recites that the claimed                 
          portable program 20 contains the Load Hardware Instruction 22               
          (page 7 lines 20, 21 and                                                    
          Figure 2).  Just as Appellants' claimed program contains the                
          Load Hardware Instruction, so must the PKZIP program in order               
          to detect the CPU attributes.                                               
               In the last paragraph of page 8 of the brief, Appellants               
          indicate that "[c]laims 7, 11 and 12 further recite that 'the               
          hardware attributes storage area being a non-volatile,                      
          semiconductor memory device or digital logic hardwired at                   
          fabrication'".  They go on to argue that "PKZIP does not                    
          disclose how CPU type is being determined. ... Therefore, it                
          is inherent that PKZIP does not disclose the storage area for               
          hardware attributes, much less the type of storage area."  We               
          agree with the Examiner that it is inherent in PKZIP, in                    
          determining the CPU type, PKZIP is relying on a non-volatile                
          semiconductor storage area of the CPU to obtain the CPU's                   
          attributes, otherwise the CPU would not be able to                          
          remember(e.g. memory) and respond with its attributes.                      
          Therefore, upon considering PKZIP as a whole, we find                       
          that PKZIP does disclose the method of claims 1 and 7.  Since               
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