Ex parte DAHLIN et al. - Page 9




           Appeal No. 1997-4129                                                                     
           Application 08/237,988                                                                   

           (the "predefined portion of the control program") for use in                             
           sending the relevant load modules to the terminals.                                      
                 Since claim 8 is considered unpatentable over Hughes,                              
           independent claim 7 from which it depends is also considered                             
           unpatentable thereover.  Further, the step of "inseparably                               
           associating the capability information with the control                                  
           program" in claim 7 is broad enough to read on the fact that                             
           the configuration information ("capability information") in                              
           Hughes is related to or associated only with the load                                    
           modules and not some other programs.  As already discussed,                              
           "inseparably associating" includes storing the capability                                
           information and the control software as separate files in a                              
           database of the master device (specification, pages 8-9).                                
                 For the reasons stated, we conclude there is sufficient                            
           evidence to establish a prima facie case of obviousness of                               
           claims 1, 4, 7, and 8.  We next look to Appellants'                                      
           arguments.                                                                               
                 Appellants argue that before one can say it would have                             
           been obvious to append configuration data to a control                                   
           program, it is first necessary to identify the control                                   
           program.  Appellants argue that they disclose a separate                                 

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