Ex parte KUMAR et al. - Page 3




          Appeal No. 96-2693                                                          
          Application No. 08/018,972                                                  


          different computers by executing a load hardware attribute                  
          instruction within the portable program;                                    
                    (b) optimizing, by the portable application program,              
          performance of at least a portion of the portable application               
          program for the one of the different computers based on the at              
          least one hardware attribute read in step (a); and                          

                    (c) thereafter executing at least the portion of the              
          portable application program optimized in step(b).                          
                                                                                     
               The references relied on by the Examiner are as follows:               
          PKZIP Create/Update Utility Version 2.04c, December 28, 1992                
          (PKZIP).                                                                    
          The Microsoft Windows Resource Kit, 1992 Microsoft Corporation              
          (MWRK).                                                                     
               Claims 1 and 5 through 12 stand rejected under 35 U.S.C.               
          § 102 as being anticipated by PKZIP Create/Update Utility                   
          Version 2.04c.                                                              
               Claims 3 and 4 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over PKZIP Create/Update Utility Version                 
          2.04c in view of The Microsoft Windows Resource Kit.                        
              Rather than repeat the arguments of Appellants or the                  
          Examiner, we make reference to the brief and the answer for                 
          the respective details thereof.                                             
                                       OPINION                                        
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