Ex Parte LEE - Page 13




          Appeal No. 2002-1832                                                         
          Application No. 09/318,980                                 Page 13           


          Emerson discloses that when NEB is in the download state, PC1 300            
          uploads programs to the NEB.  As NEB 2 completes execution of                
          each test program, it sends each test result back to PC1 300 for             
          verification.  If it is determined that an error has occurred, an            
          error signal is output by PC1 300, which is indicated on the                 
          display of PC1 300.  If the next checkpoint is not verified, PC1             
          300 rescripts the test by adding more detailed test modules, in              
          accordance with the received result.  In this manner, PC1 300 can            
          locate the problem and debug NEB 2 (col. 56, lines 44-59).  We               
          find that Emerson's teaching of locating the problem and                     
          debugging NEB 2, to be a repair of NEB 2.                                    
               In Bizzarri, upon failure of a computer to boot,                        
          communication with a remote computer is established via a modem              
          (col. 3, lines 50-55).  An operator or automatic software at the             
          second computer may repair a corrupted boot sector or modify code            
          in the file allocation table (FAT) (col. 4, lines 39-42).  As                
          shown in figure 1, a PC 11 is connected to a diagnostic and                  
          repair facility 13.  In one embodiment, a human operator directs             
          all interaction with the PC needing repair.  In another option,              
          an automatic software kernel (AS) 24 is provided to deal with the            
          problem of the failed PC (col. 5, lines 23-29).  In the event an             
          AS PC cannot fix the failed PC, it is passed on to a facility                







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