Appeal No. 2002-1832
Application No. 09/318,980 Page 15
the system will not boot-up is sent to the host or diagnostic
computer at the request to the user's computer and not at the
request of the diagnostic and repair computer, as required by
claims 3 and 4. Thus, we find that Bizzarri does not make up for
the deficiencies of Emerson.
From all of the above, we find that the examiner has failed
to establish a prima facie case of obviousness of independent
claims 3 and 4. Accordingly, the rejection of claims 3, 4, and
claims 7-16 dependent therefrom, under 35 U.S.C. § 103(a) is
reversed.
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