Appeal No. 96-2693 Application No. 08/018,972 80x86 CPU. Appellants' disclosure recites that the claimed portable program 20 contains the Load Hardware Instruction 22 (page 7 lines 20, 21 and Figure 2). Just as Appellants' claimed program contains the Load Hardware Instruction, so must the PKZIP program in order to detect the CPU attributes. In the last paragraph of page 8 of the brief, Appellants indicate that "[c]laims 7, 11 and 12 further recite that 'the hardware attributes storage area being a non-volatile, semiconductor memory device or digital logic hardwired at fabrication'". They go on to argue that "PKZIP does not disclose how CPU type is being determined. ... Therefore, it is inherent that PKZIP does not disclose the storage area for hardware attributes, much less the type of storage area." We agree with the Examiner that it is inherent in PKZIP, in determining the CPU type, PKZIP is relying on a non-volatile semiconductor storage area of the CPU to obtain the CPU's attributes, otherwise the CPU would not be able to remember(e.g. memory) and respond with its attributes. Therefore, upon considering PKZIP as a whole, we find that PKZIP does disclose the method of claims 1 and 7. Since 6Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007