Appeal No. 2002-1832
Application No. 09/318,980 Page 11
a computer running on BIOS. Appellant notes that claims 3 and 4
require transferring a repair program from a host computer to a
user's computer, the repair program being based or according to
system information sent from the user's computer to the host
computer. It is argued that neither Emerson nor Bizzarri, taken
singly or in combination, teach or suggest repairing a computer
based on system information previously sent from the user's
computer to the host computer. Appellant further argues that in
Emerson, if NEB 2 fails, no repair is attempted. Appellant
submits that the phrase "system information" should be read in
light of the specification; i.e., to include keyboard, video
card, modem, sound card, model and serial number of a computer,
etc. It is further argued (reply brief, page 6) that Emerson
does not repair anything, especially a computer, and that (reply
brief, pages 6 and 7) Bizzarri teaches a second computer
repairing a first computer when the first computer is in BIOS and
cannot boot-up. Appellant assets that because of the wide
discrepancy between these two patents, there is no motivation to
combine Bizzarri to make up for the deficiencies of Emerson.
Appellant further asserts (reply brief, page 8) that even if
combined, the references fail to teach or suggest transferring
system information from a user's computer to a host computer, and
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