Appeal 2007-1604
Application 09/966,064
the host computer’s operating system in Nakagiri is already executing before
the driver is provided (Id.).
We will sustain the Examiner’s rejection of representative claim 16.
Appellants’ arguments which are directed primarily to Alcorn and Nakagiri
are simply not commensurate with the Examiner’s position, namely that
APA teaches supplying an operating system driver during installation of an
operating system by copying the driver from a storage device. Appellants
have simply not rebutted the Examiner’s position in this regard. Moreover,
we find the Examiner’s reasoning with respect to Alcorn and Nakagiri
persuasive for the reasons previously discussed.
Furthermore, supplying operating system drivers during installation of
an operating system by copying the drivers from ROM is well known in the
art as evidenced not only by Appellants’ own disclosure,7 but also by
Alcorn. Alcorn notes that when power is initially applied to the system on
start-up, the CPU 12 executes code from BIOS ROM 50 and then jumps to
the boot strap code in ROM 252 [sic – 52] which copies, among other
things, the operating system and its associated drivers into RAM (Alcorn,
col. 9, ll. 48-55; Fig. 6). In short, the prior art amply teaches that copying
operating system drivers during installation of an operating system is well
known.
For at least these reasons, we will sustain the Examiner’s rejection of
representative claim 16. Likewise, we sustain the rejection of claim 17
which falls with claim 16.
7 See, e.g., Specification, at ¶ 0004 (“During the process of installing these
operating systems/user interfaces, it is required that proper drivers are
installed for the hardware resident in the computer system.”) (emphasis
added).
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