Ex parte BOWERS - Page 7




          Appeal No. 1997-0706                                                        
          Application No. 08/040,528                                                  

          claims 1 and 7, as well as claims 6, 12, 18, and 19 dependent               
          thereon, cannot be sustained.                                               
               Turning to a consideration of independent claim 13, we do              
          not sustain the Examiner’s 35 U.S.C. § 102(e) rejection of                  
          this claim as well.  While claim 13 does not include a                      
          recitation of determining chip type by reading a predetermined              
          memory location of an installed chip, there is a clear,                     
          specific recitation of a step of determining whether an                     
          installed chip “is required to be accessed as a boot device.”               
          We find no disclosure of any such feature in Chuang, nor do we              
          find any indication from the Examiner’s line of reasoning as                
          to how the disclosure of Chuang could be interpreted as                     
          meeting such claim limitation.                                              
               In conclusion, we have not sustained the Examiner’s                    
          35 U.S.C. § 102(e) rejection of any of the claims on appeal.                
          Accordingly, the Examiner’s decision rejecting claims 1, 6, 7,              
          12, 13, 18, and 19 is reversed.                                             
                                  REVERSED                                            


          Joseph F. Ruggiero              )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
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