Appeal No. 1998-0948
Application No. 08/198,343
Appellant argues that the second area of Arnold is the system partition region which
stores the system utilities and this data is stored in the same area. (See reply brief at
page 4.) We disagree with appellant. The area cannot store both the BIOS
image and system utilities at the same physical locations, therefore, they must be stored at
different locations, but they may be protected from corruption by the same means.
Furthermore, the examiner maintains that Arnold stores an image of the system reference
diskette on a direct access storage device. (See supplemental answer at page 3 and
Arnold at col. 3.) We agree with the examiner. The language of claim 1 does not specify
or define the secondary area as being within a separate protected area of memory.
Furthermore, the use of the boot diskette which is separate from the main memory is
motivated by the desire for secure and incorruptible files to start the computer when there
are problems booting from the copy on the hard disk. Appellant argues that there is no
suggestion of having a second copy with minimal portions of the operating system
necessary to run the computer. (See reply brief at page 4.) We find no support for this
argument in the language of claim 1. The language of claim 1 merely recites that the
computer is enabled to be started. Appellant argues that Arnold does not disclose where
the operating system is stored and that the system utilities do not constitute an operating
system. We disagree with appellant with respect to the level of description and
functionality recited in the
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