Ex parte ROBERT S. DREYER et al. - Page 5


            Appeal No. 96-1620                                                        
            Application No. 07/938,288                                                


                 With regard to claims 9 through 26, the examiner brings              
            in Kurihara for the teaching of a CPUID instruction and                   
            combines this with Durst “because the reading of the CPUID                
            of Kurihara would allow Durst to access microprocessor ID                 
            data from a memory” [answer, page 7].                                     
                 Independent claim 9 includes the same requirement of                 
            claim 1 discussed supra, i.e. “a microprocessor ID memory                 
            element for storing microprocessor ID data including data                 
            fields that identify the microprocessor type,” and Kurihara               
            fails to provide for this deficiency of Durst.  Insofar as                
            the CPUID instruction is concerned, while Kurihara does                   
            describe such an instruction, as pointed out by appellants                
            [reply brief, page 12], the CPUID of Kurihara is used to                  
            distinguish between other processors on a network.  It does               
            not identify a particular processor as does the instant                   
            claimed invention.                                                        
                 Turning now to independent claims 15 and 22, the                     
            examiner points to various portions of Durst [answer, pages               
            7-8] which the examiner contends correspond to the claimed                
            method and then, recognizing that Durst fails to show the                 
            execution of a microprocessor ID instruction, the examiner                
            relies on Kurihara [column 16, lines 6-11] for the teaching               
            of a programming step for reading CPUID data from a memory                
            unit.                                                                     

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