Ex parte YEN - Page 8




              Appeal No. 1998-0948                                                                                       
              Application No. 08/198,343                                                                                 


                     With respect to claims 8 and 9, appellant argues that Bentley does not disclose the                 
              recording of events that occur during a failed startup.  (See reply brief at page 8.)  We                  
              disagree with appellant.   The examiner maintains that Bentley discloses the display in                    
              both textual and graphical form information concerning the status of components and                        
              requesting action by the operator.  (See answer at page 11 and Bentley at columns 1-2.)                    
              We agree with the examiner that Bentley would have suggested the recordation of                            
              problems and/or status.  Bentley further would have suggested the use of recordation of                    
              problems and communication thereof in the evaluation of the operation and proposed                         
              corrective action.                                                                                         
                     Appellant argues that none of the applied references are directed to the same                       
              problem as the present invention and that none of the references anticipate or suggest the                 
              invention recited in the claims.  (See reply brief at pages 8-9.)  We disagree with appellant              
              to the extent discussed above.                                                                             
                     With respect to claims 2, 11 and 24, appellant argues that Arnold does not teach or                 
              suggest that upon detection of a problem, the portion of the operating system that is in the               
              secondary area is loaded into the main area as claimed in claims 2, 11 and 24.  (See                       
              reply brief at page 5.)  We agree with appellant.  Furthermore, we agree with appellant that               
              Arnold alone does not teach this copying with respect to claim 31.                                         
              Similarly, we find this limitation in claim 29, and we find that neither Bentley nor Calle                 


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