Ex parte NELSON et al. - Page 2


                       Appeal No. 1999-0353                                                                                                                      
                       Application No. 08/368,291                                                                                                                

                       without loss or error or, if a loss or error should occur, the original modem software is not                                             
                       overwritten by the incomplete or faulty code.                                                                                             

                                 Representative independent claim 6 is reproduced as follows:                                                                    
                                 6.      A modem which communicates with a remote computer over a telephone                                                      
                                       line, the modem operating under control of operating code to whic h periodic                                              
                                       updates are made, comprising:                                                                                             
                                       storage means in the modem for storing the existing operating code, for                                                   
                                       storing a boot program and for receiving and storing updated operating code;                                              
                                       data pump means in the modem for receiving the updated operating code                                                     
                                       from the remote computer over the telephone line; and                                                                     
                                          control means connected to the storage means and the data pump means                                                   
                                       for programming the updated operating code into the storage means, said                                                   
                                       control means including:                                                                                                  
                                            receive means for receiving the updated operating code from the remote                                               
                                       computer;                                                                                                                 
                                          protocol means for transferring the updated operating code from the                                                    
                                       remote computer to the modem over the telephone line according to a                                                       
                                       predetermined communications protocol and using a packet format;                                                          
                                          check means for verifying that the updated operating code was accurately                                               
                                       transferred;                                                                                                              
                                          programming means for overwriting the existing operating code if the                                                   
                                       updated operating code was accurately received; and                                                                       
                                          conversion means for converting the packet of the updated operating code                                               
                                       from a first format to a second, binary format.                                                                           
                                 The examiner relies on the following references:                                                                                
                                 Izumi et al. (Izumi)                           4,725,977                                 Feb. 16, 1988                          
                                 Tjahjadi et al. (Tjahjadi)                   5,001,729                                 Mar. 19, 1991                            
                                 Herh et al. (Herh)                              5,268,928                                 Dec. 07, 1993                         
                                                                                                                                                                



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