Ex Parte PAPIERNIAK et al - Page 9




          Appeal No. 2003-0342                                                        
          Application 09/040,919                                                      


          software in Gustavson is unsupported by the teachings of the                
          applied prior art because the configuing software in Gustavson is           
          either already at the local device or has been placed on the disk           
          by the distributor.  Therefore, there is no support on this                 
          record for the examiner’s position.                                         
          Since we have not sustained the examiner’s rejection of                     
          independent claims 1, 7 and 12, we also do not sustain the                  
          rejection with respect to any of the claims which depend                    
          therefrom.  We note that the additional teachings of Postel and             
          Cook fail to overcome the deficiencies in the combination of                
          Gustavson and Griffin discussed above.                                      
          In conclusion, we have not sustained the examiner’s                         
          rejection of any of the claims on appeal.  Therefore, the                   
          decision of the examiner rejecting claims 1, 2 and 4-13 is                  
          reversed.                                                                   












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