Ex parte ALBRIGHT - Page 4




          Appeal No. 1998-0946                                                        
          Application No. 08/365,269                                                  

          requested service are determined, i.e., all that is necessary               
          for the requested update.  The results of the requested                     
          service are then provided over the network back to the                      
          customer at the remote location, i.e., the updated version of               
          the software is sent back to the customer.                                  
               However, claim 1, as does each of the independent claims,              
          requires that the request is received “with optional service                
          incorporation instructions of the remote location customer.”                
          Kirouac provides for no such “optional service incorporation                
          instructions.”  At the central computer site in Kirouac,                    
          software patch version numbers are compared and the requester               
          is provided with the most recent patch version available.  The              
          customer is not permitted to include “optional service                      
          incorporation instructions,” as claimed.                                    
               The examiner recognizes this deficiency and relies on Cox              
          for the teaching of such “optional service incorporation                    
          instructions” pointing to Figure 3 of Cox where “Install”,                  
          “Configure”, “Remove”, “Exit” and “Help” buttons are shown.                 
          The examiner states [answer-page 5] that these buttons                      
          comprise the claimed “optional service incorporation                        
          instructions” and that it would have been obvious to combine                

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