Ex parte HRUSKA et al. - Page 9




          Appeal No. 1997-2158                                       Page 9           
          Application No. 08/234,239                                                  


          indicia 12 and 34 for the selected Program S ....”  Col. 3,                 
          ll. 1-9.  Griswold does not cure the defects of Francisco.                  


               For the foregoing reasons, we are not persuaded that the               
          prior art would have suggested the limitation of testing a                  
          computer program or file for the presence of instructions that              
          are characteristic of a computer virus such as jump                         
          instructions as claimed.  The examiner has not established a                
          prima facie case of obviousness.  Therefore, we reverse the                 
          rejection of claims 1, 4-9, and 12-16 under 35 U.S.C. § 103.                
















                                     CONCLUSION                                       









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