Appeal No. 96-0651
Application No. 08/087,164
subject matter places much of the processing on the local host
computer. In this manner, the updated operating code can be
saved to a disk after downloading and the substantial
processing power of the local host computer can be employed
for the necessary processing, allowing the modem to be
manufactured with a lower cost processor. Thus, the claimed
subject matter recites more than merely a distinction without
a difference over the prior art as represented by Herh. There
is certainly some advantage to placing the processing outside
of the modem and the examiner’s apparent explanation that it
would have been equally obvious to place the processor
external or internal to the modem, without more, does not
convince us that the claimed subject matter would have been
obvious within the meaning of 35 U.S.C. 103.
Each of the instant independent claims requires, in one
form or another, that the updated operating code received by
the modem from the remote computer is passed on to a local
host computer which then processes the data in order to
provide for “packets” which are then transmitted back to the
modem for storage in the modem at a particular address
specified in the packet. Herh discloses no such “packets”
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