Appeal 2007-1604
Application 09/966,064
in view of Nakagiri. Regarding representative claim 16,6 the Examiner’s
rejection essentially finds that APA teaches supplying an operating system
driver during installation of an operating system by copying the driver from
a storage device.
The Examiner, however, notes that the claims differ from APA in
calling for storing the driver with the BIOS programs in a ROM. The
Examiner then cites Alcorn for such a feature and concludes that it would
have been obvious to one of ordinary skill in the art at the time of the
invention to store the BIOS in one portion of the known ROM and operating
system drivers in another portion of the ROM to increase flexibility and
convenience in storing and installing the drivers (Answer 5-6).
Although the Examiner notes that prior art does not disclose that these
stored drivers could be used for multiple different operating systems, the
Examiner cites Nakagiri for teaching that hardware drivers stored in ROM
could be used for multiple different operating systems. In view of Nakagiri,
the Examiner concludes that it would have been obvious to one of ordinary
skill in the art at the time of the invention to modify the prior art teachings to
store in ROM hardware drivers usable in multiple different operating
systems to reduce operating system installation time (Answer 6).
Appellants argue the prior art does not teach or suggest supplying an
operating system driver during installation of the operating system (Reply
Br. 2; emphasis added). Appellants contend that Alcorn provides operating
system drivers during loading of a previously installed operating system, and
6 Appellants indicate that claim 16 is representative of the group comprising
claims 16 and 17 (Reply Br. 1).
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