Ex parte ARNOLD et al. - Page 4




          Appeal No. 1997-3499                                                        
          Application 08/366,281                                                      

               We refer to the Final Rejection (Paper No. 10) and the                 
          Examiner's Answer (Paper No. 13) (pages referred to as "EA__")              
          for a statement of the Examiner's position and to the Brief                 
          (Paper No. 12) (pages referred to as "Br__") and the Reply                  
          Brief (Paper No. 14) for Appellants' arguments thereagainst.                
                                       OPINION                                        
               Claims 1, 8, 9, 16, 17, and 21 are grouped to stand or                 
          fall together (Br7).  Claim 1 is analyzed as representative.                
               Initially, as a matter of claim interpretation, we                     
          observe that claim 1 does not recite where the virus signature              
          checking and interrupt operations of steps (b) through (d) are              
          performed.  Claim 1 does not require a low-level,                           
          hardware-implemented virus checker and does not preclude steps              
          (b) through (d) from being performed by the CPU; this is                    
          consistent with the disclosure which states that the steps can              
          be performed by a conventional data processor (specification,               
          page 13, lines 24-28; claim 21).  Accordingly, Appellants'                  
          arguments that "Arnold does not suggest or motivate the use of              
          a low-level, hardware-implemented memory management function                
          to check for viruses" (Br10) and that "[c]learly, in Claim 1                
          the CPU is not involved in a virus (signature) checking                     

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