Ex parte GARNEY - Page 6




              Appeal No. 1997-2056                                                                                        
              Application No. 08/019,798                                                                                  


              realizes that neither the Hughes reference or the Lien reference clearly teach or suggest                   
              the use of the identification and use thereof to retrieve the device driver.  (See answer at                
              page 5.)  The examiner relies on Fuller to teach this feature.  Appellant argues that Fuller                
              does not teach or suggest the storage of the device driver in the mass memory since Fuller                  
              stores the driver in the memory of the removable system resource/radio modem.  (See                         
              brief at page 10.)                                                                                          
                     Appellant argues that both Lien and Fuller disclose the advantage of storing device                  
              drivers in the removeable resource rather than in the mass storage.  (See brief at page                     
              13.)  We agree with appellant.  Appellant further argues that the combination of Hughes                     
              and Lien would motivate skilled artisans to load a device driver from mass memory at                        
              initial program load rather than “after said bootstrap initialization while an                              
              application program is running and prior to any subsequent bootstrap initialization,                        
              performing . . .” as set forth in the language of claim 17.  (See brief at page 11.)  We agree              
              with appellant.  We find that the examiner has not provided a convincing line of reasoning                  
              why it would have been obvious to one of ordinary skill in the art at the time of the invention             
              to store the device drivers in mass memory for use after the bootstrap initialization as set                
              forth in the language of claim 17.                                                                          
                     For the above discussed reasons we agree with appellant that it would not have                       
              been obvious to one of ordinary skill in the art at the time of the invention to combine the                


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