Ex parte MCLAREN et al. - Page 2




                 Appeal No. 1999-1193                                                                                                                   
                 Application No. 08/429,504                                                                                                             


                 the Examiner's final rejection  of claims 2 to 12 and 18 to1                                                                                
                 28.                                                                                                                                    
                 Claims 1, 13 to 17 and 29 to 32 have been canceled.                                                                                    
                          The disclosed invention is directed to an improved method                                                                     
                 and system for saving the operating state of a data processing                                                                         
                 system to a nonvolatile storage such that the operating state                                                                          
                 may be rapidly restored, for example, in response to                                                                                   
                 restoration of power to the data processing system.                                                                                    
                          Figure 2 of the specification depicts an illustrative                                                                         
                 embodiment of the data processing system with which the method                                                                         
                 and system of the present invention may be utilized.  In                                                                               
                 response to a selected input, a determination is made whether                                                                          


                          1First amendment after the final rejection (paper no. 14)                                                                     
                 was not approved for entry by the Examiner, see paper no. 15.                                                                          
                 Second amendment after final (paper no. 16) was approved for                                                                           
                 entry by the Examiner, see paper no. 17.  We also note that                                                                            
                 the statement for the grounds of rejection in the final                                                                                
                 rejection is different from the statement of ground of                                                                                 
                 rejection in the Examiner's answer.  However, we note that the                                                                         
                 statement of rejection in the Examiner's answer on page 3 is                                                                           
                 consistent with the issues outlined by appellants at page 6 of                                                                         
                 the brief, except for the oversight by the Examiner of the                                                                             
                 inclusion of claims 18 to 22 in the statement of rejection                                                                             
                 under U.S.C. § 103.  Since appellants have argued the                                                                                  
                 rejection of the claims as presented in the Examiner's answer,                                                                         
                 we consider that the issues outlined in the brief at page 6                                                                            
                 are before us for appeal.                                                                                                              
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