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 - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007