Ex parte DAHLIN et al. - Page 11




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

                 Appellants argue that Peterson does not disclose or                                
           suggest appending or otherwise associating capability                                    
           information with a control program to be downloaded to a                                 
           slave device and that Peterson's capability information is                               
           not the same thing as the claimed capability information                                 
           (RBr5-6).                                                                                
                 It is true that Peterson does not disclose downloading                             
           programs to a slave device and that Peterson's "capability                               
           lists" (defined as a "list of objects and the operations                                 
           allowed on those objects") are the objects and operations to                             
           which the program has access, not functions performed by a                               
           slave device.  Nevertheless, Peterson discloses that the                                 
           capability list is inseparably associated with the program                               
           and that principle is capable of broad application.  In our                              
           opinion, one of ordinary skill in the computer art would                                 
           have been motivated to inseparably associate the                                         
           configuration information in Hughes with the load modules                                
           because the configuration information refers only to the                                 
           load modules.  Thus, Peterson is considered to additionally                              
           support the obviousness rejection.                                                       



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