Appeal No. 96-0651
Application No. 08/087,164
the local host computer executing software to communicate
with the remote computer through the modem connected to the
telephone line and operable for initiating a telephone call to
the remote computer in response to the commands by a local
user of the local host computer and for controlling
downloading of the updated operating code from the remote
computer to the local host computer; and
the local host computer further executing software to
communicate with the modem through the communications
interface, to place the updated operating code into updated
operating code packets and to control transfer of said updated
operating code packets from the local host computer to the
modem over the communications interface.
The examiner relies on the following references:
Seibert et al. (Seibert) 5,239,652 Aug.
24, 1993
Herh et al. (Herh) 5,268,928 Dec. 7,
1993
Claims 1 through 4, 6 and 10 through 12 stand rejected
under 35 U.S.C. 103. As evidence of obviousness, the examiner
cites Herh with regard to claims 1, 2, 4, 10 and 11, adding
Seibert with regard to claims 3, 6 and 12.
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
OPINION
We reverse.
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007