Ex parte ALBRIGHT - Page 6




          Appeal No. 1998-0946                                                        
          Application No. 08/365,269                                                  

          “options.”  However, in view of the meaning given to that                   
          phrase in the instant specification [pages 3-4 and 13] and                  
          reiterated by appellants in the remarks accompanying the                    
          amendment of January 10, 1997 [Paper No. 7], at which time                  
          this phrase was added to the claims, we interpret the claimed               
          phrase “optional service incorporation instructions” to mean                
          that the customer specifies a range of optional instructions                
          including “service research, requesting service, applying                   
          service, providing fixes, and installing serviced products or               
          fixes at the remote location.” [page 5 of the amendment or                  
          page 4 of the specification].                                               
               Since neither Kirouac nor Cox discloses or suggests any                
          optional service incorporation instructions including these                 
          specific options, we will not sustain the rejection of claims               
          1 through 73 under 35 U.S.C. § 103.                                         
               The examiner’s decision is reversed.                                   
                                      REVERSED                                        





          Errol A. Krass                  )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
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