Ex Parte HOGGARTH et al - Page 5




              Appeal No. 2000-1755                                                                                        
              Application No. 08/828,014                                                                                  


                     processor CPRd and, thereafter, sends IPL programs and data from the                                 
                     external devices FM, DK, and MT to the call processor CPRd.                                          
                     (3) The call processor CPRd runs the boot program to receive the IPL                                 
                     data from the management processor MPR and stores the received data                                  
                     in the external device FM.                                                                           
                     (4) During the IPL process, the management processor MPR must                                        
                     continue to communicate with the call processors CPRa to CPRc.                                       
              Since the boot program is transferred, it cannot be "inherently" stored in the memory in                    
              the client system as the examiner maintains.  Therefore, the examiner has not provided                      
              a convincing line of reasoning why it would have been obvious to one of ordinary skill in                   
              the art at the time of the invention to combine the teachings of Kishimoto, which                           
              teaches the transfer of a nonresident operating system, with the teachings of Kannan,                       
              which teaches user selection in the dual boot system in the non-networked/resident                          
              system.                                                                                                     
                     Additionally, the examiner maintains that "Kannan's teaching is equivalent to the                    
              present invention, whereas the present invention allows a user to select to run an                          
              operating system either from a server or from the local hard file."  (See brief at page                     
              10.)  (Emphasis added.)  From our understanding of the claimed invention, it is not the                     
              user that selects the operating system, but the control system on the network that                          
              selects and transfers the bootstrap code to cause the client to load the operating                          
              system code stored on the local mass storage device.  Since we find that the examiner                       
              has not provided a convincing line of reasoning for combining the teachings of                              

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