Ex parte COX et al. - Page 8




          Appeal No. 1997-4127                                       Page 8           
          Application No. 08/044,241                                                  


          whether access is sought to one of the different codes.  We                 
          address these deficiencies seriatim.                                        


               First, the examiner has not shown that the boot card                   
          memory and motherboard boot memory of Stewart each stores                   
          different code let alone primary boot code and other code,                  
          respectively.  To the contrary, the reference teaches, “the                 
          boot memory on tile [sic, the ?] boot card is used simply to                
          store an updated copy of the same software (POST, boot, and                 
          system software) which is normally stored in the motherboard                
          boot memory.”  Id. at ll. 61-64.  Because of this duplication               
          of code, the boot card memory can be used to restore the                    
          motherboard boot memory when the latter become corrupt.                     
          Col. 6, ll. 1-10.  In summary, the boot card memory and the                 
          motherboard boot memory of Stewart each stores the same code                
          rather than the different primary boot code and other code as               
          claimed.                                                                    


               Second, the examiner has not shown that selection of the               
          boot card memory and the motherboard boot memory of Stewart is              
          based on whether access is sought to one of the different                   







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