Ex parte COX et al. - Page 7




          Appeal No. 1997-4127                                       Page 7           
          Application No. 08/044,241                                                  


                         a selector ... providing a first signal at                   
               an enabling value to said enable input of said ROM                     
               and a second signal at a disabling value to said                       
               enable input of said flash EPROM when a cycle is                       
               executed to said primary boot code and said selector                   
               providing a disabling value on said first signal and                   
               an enabling value on said second signal when a cycle                   
               is executed to said other boot code or said other                      
               system code.                                                           
          The examiner’s interpretation of the limitations as merely                  
          requiring “two memory devices ... that are enabled and                      
          disabled in a mutually exclusive manner,” (Examiner’s Answer                
          at 5), disregards relationships set forth in the claims.  We                
          interpret the limitations as selecting between a ROM, which                 
          stores primary                                                              
          boot code, and a flash EPROM, which stores other code, based                
          on whether access is sought to the primary boot code or the                 
          other code.                                                                 


               The examiner fails to show a teaching of the limitations               
          in Stewart.  We agree that the reference teaches two memory                 
          devices, viz., a boot card memory and a motherboard boot                    
          memory.  Col. 5, ll. 34-36.  The examiner has not shown,                    
          however, that (1) the devices respectively store primary boot               
          code and other code or (2) the devices are selected based on                







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