Ex parte SHAPIRO et al. - Page 3




                Appeal No. 1997-1984                                                                                                     
                Application 08/408,127                                                                                                   


                        means for establishing communication with said remote site; and                                                  

                        means for transmitting said failure-related information to said remote site.                                     



                        Representative independent method claim 3 is reproduced below:                                                   

                        3.      A method of reporting complete failure of a computer system to a remote site without                     
                requiring the system to be successfully rebooted, the computer system running a[n] [sic] computer                        
                operating system, the method comprising the steps of:                                                                    

                        the computer operating system determining that a non-recoverable system error currently exists;                  

                        the operating system invoking a firmware mechanism within the computer system;                                   

                        the firmware mechanism attempting to reboot said system; and                                                     

                        the firmware mechanism, if the system cannot be rebooted, sending to a remote location                           
                notification of system failure.                                                                                          

                        The following reference is relied on by the examiner:                                                            

                Farrand et al. (Farrand)                5,257,384                               Oct.    26, 1993                         
                                                                        (filed Sept.  9, 1991)                                           

                        Claims 1 and 3 to 6 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                       

                examiner relies upon Farrand alone.                                                                                      

                        Rather than repeat the positions of appellants and the examiner, reference is made to the Brief                  

                and the Answer for the respective details thereof.                                                                       

                                                               OPINION                                                                   


                                                                   3                                                                     





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