Ex Parte Van Cleve et al - Page 2

                Appeal 2007-1604                                                                             
                Application 09/966,064                                                                       
                                                                                                            
                                      STATEMENT OF THE CASE                                                  
                      Appellants invented a system and method for storing operating system                   
                drivers needed for installation of the operating system.  Specifically, the                  
                drivers for multiple different operating systems are stored in unreserved                    
                ROM space in the computer system along with the basic input/output system                    
                (BIOS) routines.  Accordingly, the requisite drivers are made available                      
                during installation of the operating system via the system ROM itself                        
                without requiring the user to search elsewhere for the necessary drivers.1                   
                Claim 10 is illustrative:                                                                    
                      10.  A method comprising:                                                              
                      storing in a ROM device of a computer system a basic input output                      
                system (BlOS) program; and                                                                   
                      storing in the ROM hardware drivers for a plurality of different                       
                operating systems.                                                                           

                      The Examiner relies on the following prior art references to show                      
                unpatentability:                                                                             
                Alcorn                    US 6,106,396              Aug. 22, 2000                            
                Nakagiri                  US 6,606,669 B1           Aug. 12, 2003                            
                                                                    (filed Dec. 5, 1995)                     
                Appellants’ admitted prior art on Page 2 of the Specification (“APA”).                       

                   1. Claim 10 stands rejected under 35 U.S.C. § 103(a) as unpatentable                      
                      over Alcorn in view of Nakagiri.                                                       


                                                                                                            
                1 See generally Specification ¶¶ 0005-0009.                                                  

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